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(영문) 부산지방법원서부지원 2020.08.11 2020고단937

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

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


Punishment of the crime

[Criminal Power] On November 23, 2011, the Defendant was issued a summary order of KRW 2 million by the Busan District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 5, 2020, the Defendant driven B car at a section of about 50 meters from the inside parking zone of the public parking lot in Busan Dong-dong to the entrance of the same parking lot while under the influence of alcohol of 0.046% of blood alcohol level around 21:20.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Investigative report (report on the circumstances of drivers), and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (verification of criminal records of the suspect's same kind of punishment for driving under influence of alcohol);

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 confinement of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, even though the defendant had a record of being punished for drunk driving, has reached the crime of this case again.

However, the fact that the defendant recognized the crime of this case, the defendant's blood alcohol concentration at the time is relatively high, the distance of drinking driving is relatively short, and there is no power exceeding the fine of the defendant.

The above circumstances and other circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., shall be determined as ordered in full view of all the circumstances as shown in the records and arguments of this case.