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(영문) 창원지방법원 통영지원 2020.06.17 2020고정12
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

On March 28, 2016, the Defendant was notified of a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) in the Changwon District Court’s territorial branch.

On October 16, 2019, at around 06:55 on October 16, 2019, the Defendant driven D SP car under the influence of alcohol concentration of approximately 0.036% from a 250-meter section from the front of the building B to the front of C at the macro-si, while driving the D SP car with a alcohol level of about 0.036%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and investigation report (report on the status of drinking driving);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of summary order of the same criminal records);

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 53 and 55(1)6 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the blood alcohol concentration is 0.036% due to the night-take operation);

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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