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(영문) 창원지방법원마산지원 2020.10.27 2020고단838
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 17 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 8, 2016, the Defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in the Changwon District Court Msan Branch.

Although the Defendant was punished as a crime of violation of the Road Traffic Act, at around 14:05 on July 5, 2020, the Defendant driven D 130 automobiles under the influence of alcohol with a blood alcohol concentration of about 0.15% at a section of approximately 1km from the vicinity of the Changwon-si B hotel in Changwon-si to the front of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Requests for appraisal;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 10 million won to 20 million won;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Opinions of prosecutor: Two years of imprisonment; and

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine once 2016 due to drinking driving, and was engaged in drinking at the same time.

The blood alcohol concentration is 0.155%, and the state of drinking in the signal atmosphere is too low to the extent that the lock during the signal atmosphere is not easy.

However, the driver did not cause a traffic accident while driving.

At the time of punishment in the past, the state of being taken into the blood alcohol concentration of 0.085% has not been relatively much significant.

If a person is sentenced to imprisonment without prison labor or heavier punishment, he/she may be dismissed from the company.

There are no criminal records other than those before the previous offense.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading.

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