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(영문) 부산지방법원 서부지원 2020.05.29 2019고단2822

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

On June 11, 2009, the defendant was subject to a disposition to forward juvenile protection cases by Busan Family Court as a crime of violation of the Road Traffic Act.

On September 12, 2019, at around 09:57, the Defendant driven a dial vehicle in the state of alcohol alcohol concentration of approximately 0.076% from the 2km section from the trific trific trific trific trific trific trific trific trific trific trific trific trific trifics

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. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports (verification of the same kind of power, etc.) and other 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 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 detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was subject to juvenile protective disposition due to drinking driving in 2009, and it is disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant that the defendant did not receive any criminal punishment after the previous juvenile protective disposition, that the drinking driving of the case corresponds to the so-called "neeping", and that the social relation of the defendant is clear.

In addition, the age, character, conduct and environment of the defendant, the motive, background, means and result of the crime of this case, the circumstances after the crime, and other conditions of sentencing as shown in the argument of this case shall be determined as the disposition.