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(영문) 창원지방법원 2020.06.18 2020고단711
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 23, 2017, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) in the Changwon District Court’s smuggling support on February 23, 2017.

Around 02:30 on February 11, 2020, the Defendant driven an E-5 vehicle under the influence of alcohol with a blood alcohol concentration of 0.116% at a section of about 7 km from the front road located in the window C of Changwon-si, Changwon-si, the front road at the Changwon-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to investigation reports (a copy of the previous and summary order);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

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

1. In light of the following: (a) the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was punished once before the instant case; (b) the Defendant was sentenced to a fine on one occasion due to a drunk driving; (c) the blood alcohol level at the time of the instant driving is very high to 0.116%; and (d) the drunk driving is very dangerous criminal that may lead to the life of another person, the Defendant’s responsibility is heavy.

However, it is reasonable to consider that the defendant reflects his mistake, and that there is no record of punishment heavier than the fine prior to the instant case.

In addition to the above circumstances, the Defendant’s age, occupation, character and conduct, environment, family relationship, motive, background, means and consequence of the instant crime, and all of the sentencing factors shown in the records and arguments, including the circumstances after the commission of the crime, shall be determined as ordered.

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