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(영문) 부산지방법원 동부지원 2020.02.05 2019고단2217
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

On August 10, 2016, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Ulsan District Court.

On November 7, 2019, at around 20:0, the Defendant driven a F B-be cruise car with a blood alcohol concentration of about 0.045% under the influence of alcohol at approximately 700 meters from the front of the C-A-Gun in Busan to the front of the E-A-Gun in D.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Report on the circumstances of an employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include two times the driving skills other than the driving skills stated in the judgment of the defendant. On the other hand, the remaining records other than the driving skills stated in the judgment are old records prior to 2004 and long-term criminal records, the blood alcohol concentration level is low, the distance of driving under the influence of alcohol is short, and the punishment is determined as indicated in the order, taking into account all the kinds of sentencing conditions such as the defendant's age, character and behavior, environment and other criminal records.

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