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(영문) 창원지방법원 마산지원 2020.02.14 2019고단1194
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

On March 15, 2016, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Busan District Court's branch court.

On November 19, 2019, at around 00:40, the Defendant driven a DNA rocketing car under the influence of alcohol content of about 0.148% on the road of approximately 4km from the front of the male police box located at the window B of Changwon-si, Changwon-si, to the front of the male police box located at approximately 315m in Changwon-si, Changwon-si.

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 (verification of the same kind of power);

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 of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order was that the Defendant had been punished three times due to drunk driving, and the period of suspension of execution due to different types of crimes, which led to the instant crime.

The blood alcohol concentration is high.

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

The remainder of power except the power of the ruling is relatively old.

It seems that probation according to the suspended sentence has been relatively faithful.

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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