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(영문) 부산지방법원 서부지원 2020.05.08 2019고단2610

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On August 1, 2016, the Defendant was sentenced to a fine of one million won by the Busan District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On October 13, 2019, at around 09:51, the Defendant driven C motor vehicles with blood alcohol concentration of about 0.075% from the 12k section of approximately 12 km away from the Do-gu B apartment parking lot of Busan City to the front road of the Solar-dong Malar-dong Malar-dong Malar-dong Malar-dong (in the outside direction).

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a) and Acts and subordinate statutes;

1. Relevant Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the selection of fines;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that there are extenuating circumstances in light of the blood alcohol concentration at the time of driving of the instant case, the actual operational distance, and the point of control, and the Defendant’s age and character, motives, means and consequence of the instant crime, and the conditions for sentencing as shown in the pleadings of the instant case, such as the circumstances before and after the crime, shall be determined as ordered by taking