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(영문) 창원지방법원 2019.08.13 2019고정344
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

The defendant is the driver of the spak vehicle B.

On May 14, 2019, around 03:15, under the influence of alcohol by 0.107%, the said vehicle was driven by approximately 300 meters from the road front of the Kimhae-si Office in Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes by cutting CCTV images;

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of fines for criminal facts;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the fact that the punishment is seriously against the defendant, the fact that there is no criminal record other than the previous punishment of a fine for a single time, and the case must take into account the circumstances, such as the situation that the defendant drives the defendant's vehicle and the situation that may be considered in the course of driving and the course of controlling the vehicle, since the defendant was able to run the vehicle for the last time after his/her substitute driving;

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

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

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