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(영문) 창원지방법원 통영지원 2021.01.18 2020고정283
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 history] On August 1, 2008, the Defendant was issued a summary order of 2.5 million won as a crime of violating road traffic laws in the port support of the Daegu District Court of the Republic of Korea on August 1, 2008, and a fine of 2.5 million won as a crime of violating road traffic laws (driving) in the Changwon District Court of the Republic of Korea on July 4, 201.

[2] While Defendant 1 had the power of violating the provision on the prohibition of driving under the influence of alcohol as above, Defendant 1 driven B K5 cars at the 13km section from 13 km in the border of the same city to the mountain village of the same city, while under the influence of alcohol level of 0.04% from 06:55 on July 5, 2020.

Summary of Evidence

1. Notification of the defendant's result of regulating driving of oral statements;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same type of force);

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Articles 53 and 55(1)6 of the Criminal Act of the Reduction of Small Quantity mitigated (as indicated in its reasoning, it was deemed that the instant case is an intentional act in light of the alcohol density among blood relatives recognized by the Defendant’s statement and recognized blood alcohol concentration, and thus, the instant case is deemed to be a criminal act by willful negligence)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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