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(영문) 부산지방법원 서부지원 2021.03.19 2020고정731
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[Power of crime] On November 29, 2017, the Defendant was issued a summary order of KRW 3 million as a crime of violating road traffic law (drinking driving) at the Changwon District Court’s branch on November 29, 2017.

[Criminal facts] On July 25, 2020, the Defendant driven BM5 automobiles under the influence of alcohol with approximately 0.044% alcohol concentration in blood from approximately 150 meters to the road under the bank of the same drainage room, which is located in Seocheon-dong, Busan.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the result of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the summary order of the same type crime);

1. Article 148-2(1) of the relevant Act and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the selection of fines for criminal facts, and the selection of fines

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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