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(영문) 창원지방법원 2020.04.10 2019고단4060
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay a fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On July 21, 2008, the Defendant was issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Busan District Court's branch court's branch court's branch court's order.

【Criminal Facts】

On November 29, 2019, at around 22:50, the Defendant driven an E-Poter truck with a blood alcohol concentration of about 0.135% in the section of approximately 1 kilometer from the front of the C Hospital located in Kimhae-si B to the front road of the D Building in the same city.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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. On the grounds of sentencing under Article 334 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The harmful effects of drinking driving and the reality of risk (influence of traffic accident), and favorable circumstances such as the concentration of blood alcohol: The defendant repents and reflects the defendant's wrong, and the past records of the defendant's punishment for drinking driving are very old and old, and the family members, etc. are the family members.

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