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(영문) 창원지방법원 2020.04.10 2020고단209
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 June 26, 2014, the Defendant was issued a summary order of KRW 1.5 million at the Changwon District Court as a crime of violating the Road Traffic Act.

【Criminal Facts” around 02:15 on December 25, 2019, the Defendant driven a D-type vehicle under the influence of alcohol content 0.156% at the section of about 10km away from a public parking lot located in Sung-gu, Sung-si, Busan-si to the entrance of a rest area located in Kimhae-si B.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Reference records to criminal records and investigation reports (applicable to records of criminal records and confirmation of criminal records before driving);

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.

Unfavorable circumstances: The harm of drinking driving, the occurrence of danger to traffic (the occurrence of physical damage), the considerable degree of blood alcohol concentration: The defendant repents and reflects the wrong, and there is no particular penalty other than the previous conviction in the judgment, the dependent, etc.

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