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(영문) 창원지방법원 마산지원 2020.01.21 2019고단1202
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

On April 5, 2016, the Defendant was issued a summary order of KRW 3.5 million for the crime of violating the Road Traffic Act in the Changwon District Court Msan Branch on April 5, 2016.

Although the Defendant had been punished for a violation of the Road Traffic Act as above, on November 17, 2019, at around 22:37, the Defendant driven a fco-sports car under the influence of alcohol with a blood alcohol content of 0.088% from the 1km section from the parking lot located in the Changwon-si, Muwon-si B to E in D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

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

1. Scope of applicable sentences under law: Fines of 10 million won to 20 million won;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. The Defendant, who was sentenced to a sentence, was sentenced to a fine once 2016 due to drinking driving, and was engaged in drinking at the same time.

However, blood alcohol concentration is not relatively more than 0.088%.

The drinking driving did not cause a traffic accident while driving.

There is no criminal offense beyond a fine against the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading.

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