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(영문) 창원지방법원 2020.04.10 2020고단267
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On September 10, 2009, the Defendant was issued a summary order of KRW 1.5 million by the Busan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 02:00 on January 11, 2020, the Defendant driven a D-type car with a blood alcohol concentration of about 0.089% under the influence of alcohol from around 25 kilometers from the original original house parking lot located in the city of Seocho-gu, Busan to the front day of the Kimhae apartment C-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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. 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: A favorable circumstances such as the harm of drinking driving: The defendant repents and reflects the defendant's wrong, the recent years of punishment for the same kind of crime are very old since around 2009, his dependents, etc.

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