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(영문) 부산지방법원 서부지원 2020.04.23 2019고단2614
도로교통법위반(음주운전)
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On October 28, 2014, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (driving) at the Busan District Court. On February 28, 2018, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (driving).

On October 27, 2019, around 06:13, the Defendant violated the prohibition of drinking driving by driving DK 3 automobiles with a blood alcohol concentration of about 0.076% from the 4km section of approximately 4km from the 06:0-13 road near Busan, Busan, to the front road of the 0000-dong Maradong, Busan, thereby violating the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Report on the status of an employee);

1. Making a report on the control of drinking driving;

1. Previous records: Criminal records, inquiry reports, records of the control of drinking driving and the application of Acts and subordinate statutes to one case;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant committed the pertinent drunk driving in spite of the fact that he/she had been punished twice or more by drinking, and if so, he/she is found to have committed the instant drunk driving, the defendant's mistake is recognized and against his/her wrong, the defendant's circumstance that he/she committed the instant drunk driving on several occasions and has no record of exceeding the fine, and other favorable circumstances, such as the defendant's age, character and behavior, environment, motive, means and consequence of the instant crime, etc., and other favorable conditions of sentencing as indicated in the pleadings of the instant case, such as the circumstances after the crime, etc.

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