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(영문) 창원지방법원 밀양지원 2020.07.21 2020고정56
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On December 18, 2008, the Defendant was sentenced to a fine of KRW 500,00 as a crime of violation of the Road Traffic Act (driving) in the Changwon District Court’s smuggling support on December 18, 2008.

On May 9, 2020, at around 19:05, the Defendant driven an Epoter cargo vehicle while under the influence of alcohol of about 0.138% with a blood alcohol concentration of about 10km from the 10km section to the front road of the C cafeteria located in Sinnam-gun B.

Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition, on-site photographs, the results of crackdown on drinking driving, the report on the circumstantial statements of a drinking driver, the investigation report on the status of a drinking driver, the report on the status of a drinking driver, and the notification of the results of crackdown on drinking driving;

1. Criminal records: Criminal records, US records and results of confirmation, and application of summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (i.e., the fact that a person does not repeat the crime in his/her depth, the fact that there is no past record of criminal punishment heavier than the suspension of the execution of imprisonment, and the overall circumstances that serve as conditions for sentencing are taken into account);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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