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(영문) 창원지방법원 2019.11.27 2019고단2942
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

【Criminal Power】 On October 15, 2014, the Defendant was sentenced to a fine of 1.5 million won by the Changwon District Court for a violation of the Road Traffic Act.

【Criminal Facts” around 01:02 on September 30, 2019, the Defendant driven an Ecellor car at approximately 800 meters in the state of alcohol concentration of 0.248% in the vicinity of the “C” restaurant in the Changwon-si B below the same D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, report on the circumstances of driving under the influence of alcohol and report on the results of the control of drinking alcohol;

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

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 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 was driving in the state of full intake (0.248%) and resulting in a significant risk to the life and safety of others.

Defendant has been punished once for the same crime.

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

Defendant has no record of criminal punishment except for punishment (2014) once by a fine for the same crime.

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