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(영문) 부산지방법원 동부지원 2019.10.24 2019고단1536
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of eight million won.

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

Reasons

Punishment of the crime

On March 11, 2013, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act in the Busan District Court's branch branch court.

On July 30, 2019, at around 04:30, the Defendant driven an EK5 vehicle while under the influence of alcohol of about 0.054% in the section of approximately 2.8km from the front of the C Bank located in Suwon-gu, Busan to the front of the D Building.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the report on the situation of drinking driving, and the statement of the situation;

1. Each report on investigation;

1. Criminal records, inquiry reports, and application of 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 53 and 55 (1) 3 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. Although the error of the defendant in the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is not easy, the defendant is against the defendant, and the degree of his taking is not heavy, and the defendant's age, character and conduct, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account various factors of sentencing as shown in the trial process of the case.

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