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(영문) 창원지방법원 2020.01.08 2019고단3377
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On March 11, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On October 23, 2019, the Defendant, while under the influence of 0.043% on October 23, 2019, was driving C rocketing car from the front of Gangseo-gu Busan to the front of the Gangseo-dong bridge in the Gangseo-dong, thereby violating 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: 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 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: The circumstances favorable to the harm of drinking driving, etc.: The fact that the defendant repents and reflects the wrong, the driving distance is short, and the blood alcohol concentration is low, etc.

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