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(영문) 창원지방법원 2020.01.15 2019고단3433
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of eight million won.

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

Reasons

Punishment of the crime

[criminal power] On April 6, 2015, the Defendant was issued a summary order of a fine of KRW 4 million at the Changwon District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On October 31, 2019, at around 01:00, the Defendant driven an E K7 vehicle while under the influence of alcohol with approximately 0.162% alcohol concentration from the 1km section to the front road of the Kimhae-si D apartment.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

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 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 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 blood alcohol (0.162% of blood alcohol concentration) 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.

The defendant has no record of criminal punishment except punishment of a fine on one occasion.

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