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(영문) 부산지방법원 2020.07.23 2020고단2084
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 October 29, 2008, the defendant was issued a summary order of KRW 2,00,000 by the Busan District Court for the crime of violation of the Road Traffic Act in Busan District Court on October 29, 200, and driving the BNS G70 vehicle.

On January 27, 2020, at around 22:48, the Defendant driven the said vehicle in the state of drinking alcohol concentration of approximately 10km from the front of the lot number French-dong, Busan to the front of the amendment tunnel, Dong-dong, Busan, with the distance of about 10km from the front of the amendment of the tunnel.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

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

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

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, even though the Defendant had been sentenced to a fine due to a violation of the Road Traffic Act, the Defendant committed the instant crime, and the Defendant’s blood alcohol concentration is not lower.

However, considering the favorable circumstances that the defendant has no other criminal records, and that there is no other criminal records, later than the previous criminal records, there is no other criminal records.

In addition, the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, family environment, odometer, and circumstances after the crime, shall be determined as ordered by considering all the whole circumstances.

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