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(영문) 창원지방법원 2019.07.10 2019고단661
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a driver of the B-learning passenger car.

At around 03:40 on January 5, 2019, the Defendant, while under the influence of alcohol of 0.162% of blood alcohol level, driven approximately 300 meters on the front of the apartment E-dong in Seongdong-gu, Sungwon-gu, Seongbuk-gu, Seoul apartment zone D.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to any inquiry into the results of the drinking driving control, notification of the results of the drinking driving control, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of the provisional payment order is based on a comprehensive consideration of the Defendant’s age, character and conduct, the contents and circumstances of the instant crime, and the circumstances after the commission of the crime, as set forth in the order.

Disadvantageous circumstances: The defendant caused danger to the life and safety of others by driving in a state of full alcohol (0.162% of blood alcohol concentration) and causing traffic accidents.

The Defendant committed the instant crime without being aware of it during the suspension of execution due to other crimes.

The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.

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