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(영문) 창원지방법원 2020.11.17 2020고단3174
도로교통법위반(음주운전)등
Text

A defendant shall be punished by a fine not exceeding 15 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

On April 7, 2020, the Defendant was issued a summary order of KRW 7 million as a crime of violation of the Road Traffic Act at the Busan District Court.

On September 29, 2020: (a) around 00:18, the Defendant driven a DK5 Habrid car without a driver’s license, while under the influence of alcohol leveling about about 20km from around the front of the office of the person located in the Jin-gu, Busan to the front of the Kimhae-si, Kimhae apartment, the next road of the Kimhae-si, and at about 0.117% of alcohol level.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, the report on the situation of a drinking driver, the report on the status of a drinking driver, the notification of the results of the control of drinking driving,

1. Each report on investigation;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a fine for selective punishment (the second violation and the second violation shall be sentenced to a fine in an amount of fine in consideration of the fact that the retirement of a defendant under the company regulations is scheduled to be determined by disciplinary proceedings, etc.);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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