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(영문) 창원지방법원 2020.10.23 2020고단2737
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On November 9, 2007, the Defendant was issued a summary order of KRW 2 million by the Changwon District Court due to a violation of the Road Traffic Act.

At around 04:30 on July 25, 2020, the Defendant driven a BNS car while under the influence of alcohol with approximately 0.110% of blood alcohol concentration at the 100m radius near the intersection in the Sungwon-si.

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 convictions in judgment: Application of criminal records and summary order 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 harmful effects of drunk driving, the significant degree of blood alcohol concentration, traffic-related criminal records [4 times of drinking driving (Provided, That it is once after 2006, 1) and 2 times of driving without a license], etc.: The fact that the defendant repents and reflects the defendant's wrong, the distance of drinking driving is relatively short, the recent history of driving under the influence of drinking is very old, and the defendant's past history of driving under the influence of drinking has not been punished by a fine exceeding 207, there is no criminal history of the defendant, his dependent, etc.

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