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(영문) 창원지방법원 2020.01.10 2019고단3230
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

Criminal facts

[Criminal Power] On April 5, 2010, the Defendant was issued a summary order of KRW 1,500,000 as a crime of violation of the Road Traffic Act at the Changwon District Court.

【Criminal Facts】

At around 22:55 on September 7, 2019, the Defendant driven E Sbling Motor Vehicle at approximately 2 km from the front of the Jinhae-gu B apartment at Changwon-si to the front of the D High School located in the Jinhae-gu, Changwon-si, Changwon-si, Gowon-si, in a state of alcohol of 0.170% of blood alcohol concentration.

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 convictions indicated in judgment: Application of criminal records, reference 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 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 a breathy run is a traffic accident, and thus, it may cause damage not only to an individual but also to life and property of any other person, and thus, the risk thereof is very high.

At the time, blood alcohol concentration was high, and the defendant was punished for the same kind of crime. On January 9, 2019, the Changwon District Court sentenced 8 months of imprisonment and 2 years of suspended execution as the violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. at the Changwon District Court on January 9, 2019, which became final and conclusive on January 17, 2019, and committed the crime in this case despite the fact that the period of suspended execution is still under the period of suspended execution.

However, the defendant's recognition of and reflects on the crime of this case, the same criminal records are prior to about nine years, the defendant's occupation, financial status, family relation, age, character and conduct, environment, motive, means and consequence of the crime of this case, and the various sentencing factors in the trial process of this case, such as the circumstances after the crime, shall be determined as ordered.

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