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(영문) 창원지방법원 마산지원 2020.03.27 2020고단26
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[criminal power] On June 11, 2019, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) in the Changwon District Court's Msan Branch.

【Criminal Facts】

Although the Defendant had been punished as a crime of violation of the Road Traffic Act, at around 22:00 on December 25, 2019, the Defendant driven a fluent vehicle under the influence of alcohol content of about 0.105% at the 4km section from the 22:00 G in Kimhae-si B to the E entrance located in D at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which led to the instant crime even though the Defendant had a relatively recent history of punishment for drunk driving.

However, the defendant recognizes and reflects the facts of crime.

There is no record of punishment except the records of the judgment.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.

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