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(영문) 창원지방법원 2020.02.12 2019고단3461
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On June 7, 2010, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act at the Changwon District Court.

【Criminal Facts】

1. On October 13, 2019, the Defendant was under the influence of alcohol 0.162% (blood collection measurement) at around 22:20 on October 13, 2019, the Defendant driven a D low-speed car at a section of approximately 100 meters from the road in front of a cafeteria located in the Kimhae-si Port to C in front of the road located in B.

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

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of a passenger car as set forth in paragraph (1), operated the said vehicle which was not covered by mandatory insurance at the date and place set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report (report on the circumstances of the drinking driver), inquiry report on the control of drinking driving, and written appraisal of alcohol from alcohol;

1. Mandatory insurance policies;

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment under Article 334(1) of the Criminal Procedure Act, was that the defendant driving without mandatory insurance in a state of chronic exploitation (0.162% of blood alcohol concentration), resulting in significant risk to the life and safety

Defendant has been punished once for the same crime.

However, the Defendant recognized the instant crime and did not repeat the same mistake.

be punished for the same crime.

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