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(영문) 부산지방법원 동부지원 2020.02.13 2019고단2165
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On March 6, 2007, the defendant was issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act in the Busan District Court's branch court.

On October 7, 2019, the Defendant driven D-car from around 1 1 km to C in the same Gu from around the non-cafeteria in Busan Shipping Daegu to around 0.235% of alcohol level while under the influence of around 21:48 of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition, a report on the results of the control of drinking driving, and a report on the actual state of drinking drivers;

1. A written appraisal of blood alcohol;

1. Photographs of the damaged vehicle;

1. Application of criminal records, inquiry reports, and investigation reports (attached to the same type of suspect and summary order)-related Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act do not relax the error of the defendant for the reason of sentencing, and the occurrence of traffic accidents and the significant degree of taking notes, etc., and favorable circumstances such as the defendant's age, character and behavior, environment, circumstances and circumstances of the crime, means and result of the crime, circumstances after the crime, and family relations, etc., shall be comprehensively considered and determined as the order.

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