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(영문) 창원지방법원 통영지원 2020.04.23 2019고단1515
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

【Criminal Power】 On December 2, 2009, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Changwon District Court’s through the Changwon District Court.

【Criminal Facts】 On December 17, 2019, the Defendant driven a D low-speed car under the influence of alcohol content of 0.059%, from around 50m to the front road of the Jinsung-gun, Jinsung-gun (Seoul), to around 30m.

Accordingly, the defendant violated the prohibition of drinking driving (Article 44 (1) of the Road Traffic Act) not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and copies of summary order Acts and subordinate statutes;

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 and 69 (2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order shall be determined as the same in light of the following factors: (a) the circumstance of drinking alcohol at the time; (b) the previous criminal records of the defendant; and (c) the accused

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