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(영문) 창원지방법원 진주지원 2020.04.14 2019고단1565
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On September 27, 2007, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Jinwon District Court's Jinju branch.

【Criminal Facts】

On November 15, 2019, at around 23:42, the Defendant driven a F rocketing car under the influence of alcohol content of approximately 0.126% from the 70-meter section from the main point of “C” to the front of the E Union located in D, “C” to the main road located in Jinju-si B.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related 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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) Defendant’s blood alcohol concentration at the time of driving under the influence of alcohol; (b) distance of driving; (c) background leading up to driving under the influence of alcohol; (d) Defendant’s condition at the time of driving under the influence of alcohol; and (c) the fact that there was no past record of criminal punishment after driving under the influence of alcohol; and (d) details of various sentencing as shown in the arguments

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