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(영문) 부산지방법원 2021.03.18 2020고단4989

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 6, 2017, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on February 6, 201.

On November 28, 2020, at around 21:44, the Defendant driven B-do car under the influence of alcohol concentration of about 0.064% from the 20-meter section from the public parking lot in the Dong subway Station located in Busan Dong-dong to the front road of the public parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports ( inquiry about suspect drinking history);

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

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The distance of driving the reason for sentencing under Article 334(1) of the Criminal Procedure Act is relatively short, the Defendant’s depth is reflective, and the Defendant’s age, family relationship, and circumstances of sentencing indicated in the pleadings of the instant case are determined by comprehensively taking account of various sentencing conditions indicated in the pleadings of the instant case.