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(영문) 창원지방법원 진주지원 2021.03.25 2020고단1691
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On April 7, 2014, the Defendant was sentenced to a fine of KRW 3 million for a violation of road traffic law (drinking driving) at the Changwon District Public Prosecutor's Office.

On August 17, 2020, the Defendant driven a FW car at approximately 500 meters from the front side of C in Jinju-si, Jinju-si to the front side of D “E” located in D, while under the influence of alcohol content of 0.069% during blood transfusion around 04:00.

As a result, the Defendant was driving a motor vehicle in violation of the prohibition on drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report of a traffic accident, report on the circumstances of the driver in charge, investigation report (report on the circumstances of the driver in charge), notification of the results of crackdown on drinking driving, and previous conviction in judgment related to the accident: The application of a reply to inquiry, such as criminal history, and the judgment

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: 10 million won to twenty million won;

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply as they have been selected by a fine; 3. Determination of sentencing shall take into account the degree of alcohol in the blood of KRW 10 million, the frequency and timing of the same kind of crime, etc.

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