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(영문) 창원지방법원 2020.05.13 2020고단92
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[criminal power] On January 2, 2007, the Defendant was issued a summary order of KRW 700,000 for a fine of KRW 100,000 for a crime of violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court, on April 19, 2010, a summary order of KRW 2.5 million for the same crime at the Changwon District Court, and on August 8, 201, a summary order of KRW 3 million for the same crime was issued, respectively.

【Criminal Facts】

On December 14, 2019, at around 01:20, the Defendant driven a DNA-learning car under the influence of alcohol of approximately 500 meters in a section of approximately 0.141% alcohol concentration from the front of a mutually unclaimed restaurant in the window B of Changwon-si to the front road of the same Gu Cbuilding.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry records, and summary order three-yearly Acts and subordinate 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. On the grounds of sentencing under Article 334 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

D. Unfavorable circumstances: The harm of drinking driving, a significant degree of blood alcohol concentration, and favorable circumstances such as three times before the same kind of criminal records (2006 after the 2006): The fact that the defendant repents and reflects the defendant's wrong, the recent history of punishment is relatively old, and there is no history of punishment exceeding the fine, family members, etc.

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