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(영문) 창원지방법원거창지원 2020.08.12 2020고정54
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On February 26, 2015, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) in the Changwon District Court's branch on February 26, 2015.

【Criminal Facts】

At around 20:42 on April 6, 2020, the Defendant, as a person with the power of violating the duty of prohibition of driving under the influence of alcohol, driven a Ebbbric vehicle under the influence of alcohol with a blood alcohol concentration of 0.054% from the section of approximately 2 km from around 2km to the above B village via D.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and statement in circumstances of drinking drivers;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant's drinking alcohol level, blood alcohol level, reflectivity, criminal records, economic circumstances, the wife raises the children of high school students together with his wife, and the sentencing conditions as stated in the argument of the instant case, such as the branch children's wife, etc., shall be determined by the same sentence as the order, taking into consideration the following factors:

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