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(영문) 부산지방법원 2020.01.08 2019고정1259

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where the defendant does not pay the above fine, one day shall be 10.

Reasons

Punishment of the crime

On August 2, 2018, the Defendant was issued a summary order of KRW 1 million due to a violation of the Road Traffic Act in the Western Branch of Busan District Court on August 2, 2018.

On July 23, 2019, at around 05:56, the Defendant, who was punished for drunk driving, driven an Eystex knex vehicle under the influence of alcohol content of approximately 0.031% from the section of approximately 2 km from the Busan Jin-gu B apartment to the front road located in the Busan Jin-gu C to the Busan Jin-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

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;