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(영문) 부산지방법원 동부지원 2020.01.15 2019고단2091

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On June 26, 2013, the Defendant was issued a summary order of KRW 1.5 million by the Busan District Court as a crime of violating the Road Traffic Act.

On November 15, 2019, at around 21:41, the Defendant driven a CA6 car at approximately five meters prior to the public parking lot in Busan Shipping Daegu, Busan, while under the influence of alcohol with 0.133% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the investigation report, results of the crackdown on drinking driving, the report on the circumstantial statement of a drinking driver, the investigation report (report on the circumstances of a drinking driver), criminal history records, and the investigation report (verification of criminal records of the same kind of suspect);

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 punishment shall be determined as ordered in consideration of all the sentencing conditions, including the circumstance that the defendant was driven by the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the criminal records of the defendant, blood alcohol concentration level, age, environment, character and conduct, and circumstances after the crime.