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(영문) 창원지방법원 거창지원 2020.05.13 2020고단27
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On November 26, 2010, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving) in the Changwon District Court's branch on November 26, 2010.

【Criminal Facts】

On January 2, 2020, at around 17:05, the Defendant, as a person who had the power of violating the duty of prohibition of driving under the influence of alcohol, driven B-cracked car under the influence of alcohol at approximately 0.124% of blood alcohol concentration in front of the Myeon Office located in the Myeon Office located in Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. A fine of 10 million won to 20 million won in the scope of a punishment by law;

2. Determination of sentence, taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, the sentence as ordered.

Unfavorable circumstances - The Defendant, even before committing the same kind of crime, was under the influence of criminal punishment, was driving again, and there was also a traffic accident in which a vehicle was under the influence of the latter while driving again.

- The defendant's blood alcohol concentration at the time of the crime of this case is high.

The favorable length - the distance of the defendant's drunk driving is very short of 20 meters.

- The Defendant had no record of having been subject to criminal punishment other than having been subject to criminal punishment once prior to the foregoing.

A spouse and two children are bringing up.

- Comprehensively taking account of these circumstances, the defendant's position in good faith as a public official shall be maintained more once.

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