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(영문) 창원지방법원통영지원 2020.11.24 2020고단755
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On February 20, 2009, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, in the Changwon District Court’s branch court.

On May 22, 2020, the Defendant driven a e-learning car under the influence of alcohol with approximately 0.122% of alcohol concentration from the front of the Cju store located in B at Cju on May 2, 2020 to D in front of the road.

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

Summary of Evidence

1. Notification of the defendant's legal statement and the control of drinking driving;

1. Previous convictions indicated in the judgment: A copy of criminal records, inquiry reports, and summary order;

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

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. The sentencing grounds of Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be determined as per the disposition, taking into consideration all the circumstances, including the developments leading to the driving of the instant drinking alcohol at the time (0.122%) and the Defendant’s past records of criminal punishment of a fine due to driving under the influence of alcohol, but the timing of driving under the influence of alcohol has long been considerably long since 2009.

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