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(영문) 창원지방법원 2019.11.22 2019고단2658
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

[Criminal Power] On September 29, 2008, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court on September 29, 2008.

【Criminal Facts】

On August 27, 2019, at around 12:30, the Defendant driven a motor bicycle under the influence of alcohol with approximately 400 meters alcohol concentration of approximately 0.069% from the 400-meter section to the front road located in the Jinhae-si D, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same summary order) Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant committed a second offense despite the fact that he/she had been punished for the same kind of crime, and other factors for sentencing such as the background of the crime in this case, the defendant's age, character and conduct, the blood alcohol concentration (0.069%) of this case, and the circumstances after the crime shall be

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