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(영문) 창원지방법원 2019.10.23 2019고단2298
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 Force】 The Defendant is a person who had the record of sending juvenile protection cases at the Changwon District Prosecutors’ Office on June 5, 2012 due to the violation of the Road Traffic Act (Mengk Driving).

【Criminal Facts】 On July 28, 2019, around 05:35, the Defendant: (a) started from the road front of the autonomous crime prevention vehicle in the Jin-si in Jin-si, Jin-si, Kimhae-si; and (b) operated a motor vehicle for E-Belgium at approximately 500 meters E-Belgium while under the influence of alcohol content of 0.229% from around 50 meters to the front road in the Kimhae-si, Kimhae-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of criminal records and written decision on transfer;

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 of the provisional payment order led to a significant risk to the life and safety of another person by driving in a state of full exploitation (0.229% of blood alcohol concentration).

The defendant has a record of juvenile protective disposition due to drunk driving.

On the other hand, the Defendant recognized the instant crime and did not repeat the same mistake.

The Defendant has no record of criminal punishment before the instant case.

In addition, the defendant's age, character and conduct, family relations, the details and circumstances of the crime of this case, and the circumstances after the crime shall be determined as per the order.

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