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(영문) 부산지방법원 동부지원 2019.05.08 2019고단52
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On February 16, 2011, the Defendant received a summary order of a fine of one million won from the Seoul Eastern District Court as a violation of the Road Traffic Act (driving). On January 5, 2016, the Defendant received a summary order of a fine of four million won from the Seoul Northern District Court as a violation of the Road Traffic Act (driving) at least twice.

On October 18, 2018, at around 01:44, the Defendant driven a C-to-purd vehicle under the influence of alcohol concentration of 0.159% in a five-meter section in the 2tel underground parking lot located in Busan-gun Btel, Busan-gun, with a alcohol concentration of 0.159%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

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

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, repeated statements, one summary order, previous dispositions, and report on results of confirmation;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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. Although the punishment of the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is less than the criminal liability in the case of running a drunk driving again even though there has been a history of punishment for the sentencing of the defendant two times, the defendant is against his mistake, the defendant seems to have disposed of the vehicle used for the crime of this case in order not to drive the vehicle, the defendant had been operating the vehicle originally due to his substitute driving, but it seems to have been driving the vehicle of this case for the convenience of the proxy driving engineer such as moving the vehicle to another parking lot and waiting time, the vehicle in the officetel underground parking lot in which the place of blocking the drinking driving of this case is installed, and the distance remains five meters, and the amount of the fine is determined as stated in the order of the fine, considering the fact that there is no criminal record other than the punishment for the violation of the Road Traffic Act of 2 as stated in the ruling.

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