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(영문) 부산지방법원 2021.02.08 2020고단4046

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[criminal history] On January 18, 2017, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving) at the Ulsan District Court, and on May 10, 2017, the Defendant was sentenced to imprisonment with prison labor for fraud at the Busan District Court on May 10, 2017 and completed the execution of the sentence at the Busan Detention House on March 8, 2018.

[Criminal facts] On September 8, 2020, around 03:35, the Defendant driven D-purn-purn-purn-purn-purn-purd-purb-purg-purg-purg-purg-purg-purg-purg-purg-purg-purg-purged-purg-purg-

Summary of Evidence

1. Statement by the defendant in this court;

1. Entry of the defendant in the statement of a report on a traffic accident in the police interrogation protocol on the investigation of the suspect into the defendant, and entry of the results of inquiry into the results of regulating driving of drinking alcohol into the investigation report (report on the circumstances of the driver in charge);

1. Previous convictions: Application of each of the Acts and subordinate statutes stated in a reply to inquiry about criminal history, investigation report (verification of suspect and repeated crime);

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is considerably high to 0.107% of the alcohol content in the blood of this case, the Defendant’s punishment was imposed three times, including the Defendant’s punishment, and the crime of this case is a crime committed during the repeated crime period, considering the circumstances unfavorable to the Defendant, such as the Defendant’s confession and rebuttal, and the Defendant’s history of punishment for the same kind of crime is only one time, etc. In addition, considering the Defendant’s age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., a fine of KRW 10,000,00 shall be imposed.