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(영문) 창원지방법원 마산지원 2020.06.24 2020고단368
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

On September 17, 2012, the Defendant was issued a summary order of a fine of KRW 3.5 million by the Changwon District Court for a violation of the Road Traffic Act.

On February 23:48, 2020, the Defendant driven a DNA strawing car in the state of alcohol alcohol concentration of about 0.215% from the 700m section of the apartment parking lot in Changwon-si, Yongsan-si to the roads in which C apartment is located.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a driver, each investigation report (report on the situation of the driver with the driver with the blood alcohol level), the screen of the cell phone closure and report on the results of the investigation;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification, etc. of the same criminal records of a suspect);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

The reason for sentencing was that the defendant had been punished for drunk driving, but caused the crime of this case.

The blood alcohol concentration level was also high, and the accident was also caused.

However, the defendant recognizes and reflects the facts of crime.

Until the entrance of apartment, it seems that it used proxy driving.

There is no record of punishment other than the above criminal records.

I directly reported to 112.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.

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