logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.01.13 2019고단4381
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On July 21, 2008, the defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Busan District Court's branch court's Busan District Court's order on July 21, 2008, and on February 24, 2011, a fine of KRW 2.5 million as a crime of violation of the Road Traffic Act at the Busan District Court's Busan District Court'

【Criminal Facts】

On August 24, 2019, at around 23:18, the Defendant driven an E-car under the influence of alcohol with approximately 100 meters alcohol concentration of 0.053% from the 100-meter section from the front of the C cafeteria located in the Busan East-gu, Busan to the front of the Dance.

Summary of Evidence

1. Defendant's legal statement;

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

1. A report on the actual state of the driver;

1. Report on the circumstances of an employee;

1. Previous records: Criminal records, previous records and results of confirmation of dispositions, and application of statutes governing the judgment;

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

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

4. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order.

1. The scope of punishment by law: A fine of not less than five million won but not more than ten million won;

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply by selecting fines.

On June 22, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for the obstruction of performance of official duties at the Busan District Court on June 30, 2018, and the judgment became final and conclusive on June 30, 2018 and is still under suspended execution.

Nevertheless, the defendant has a high possibility of social criticism by lowering the crime of drunk driving without being tried even during the period of suspension of execution.

However, the defendant seems to have led to confession and reflect on the crime of this case.

The defendant's blood alcohol concentration is not very high.

The distance from a drunk driving is not visible.

Finally, the defendant was punished for drinking driving in 201 before about 8 years since 2011.

The defendant is currently dead cancer.

arrow