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(영문) 창원지방법원 마산지원 2020.02.25 2019고단1160
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 11 million.

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

Reasons

Punishment of the crime

On July 2, 2009, the Defendant was sentenced to a fine of KRW 7 million by the Changwon District Court due to a violation of the Road Traffic Act.

On November 17, 2019, at around 00:33, the Defendant driven the F Mabba (mor capacity 124ccc) in a state of alcohol with approximately 300 meters alcohol concentration of about 0.097% from the roads near the C cafeteria located in Changwon-si B, Changwon-si to the roads front of the Ebane located in the same Gu.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Criminal records, inquiry reports, criminal records, decisions, and copies of summary order Acts and subordinate statutes applied;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

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;

1. Scope of applicable sentences under law: Fines of 10 million won to 20 million won;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. The Defendant, who was sentenced to a sentence, driven a motor vehicle in a state of drinking in spite of his/her ability to punish a fine once in 209 due to drinking.

However, the defendant reflects on the crime.

The drinking driving did not cause a traffic accident while driving.

The distance of driving is relatively not along.

There is no criminal offense beyond a fine against the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading.

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