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(영문) 창원지방법원 2020.01.08 2019고단3204
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[criminal power] On February 6, 2018, the Defendant received a summary order of KRW 1,50,000 from the Changwon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On October 5, 2019, at least 22:18, the Defendant violated the Regulations on the Prohibition of Drinking Motor Vehicle Driving by driving Bbit Motor Vehicles with the blood alcohol concentration of 0.167% at an on-road parking lot in front of the Taesan apartment street, which is located in the Seosan apartment street No. 119-h. 6, Seosan apartment street, at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements, and summary order Acts and subordinate 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. On the grounds of sentencing under Article 334 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

D. Unfavorable circumstances: The harm of drinking on-road driving, the occurrence of danger to traffic (physical damage), the degree of blood alcohol concentration, and favorable circumstances such as short-term recidivism: The defendant repents and reflects the defendant's mistake; the crime of this case is very short due to driving on on-road parking lot; there is no other penalty history than the previous record of the judgment; his dependants, etc.

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