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(영문) 부산지방법원 동부지원 2020.02.13 2019고단2289
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On March 22, 2010, the Defendant was issued a summary order of KRW 1,50,000 by Busan District Court as a crime of violation of the Road Traffic Act.

The defendant is a person engaged in driving a radar car.

Around 00:40 on December 4, 2019, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.136%, and the Defendant driven the rash car from the front of the D Hospital located in the Busan Suwon-gu C to the front of the F in the same Gu E from approximately 3 km to the front of the D Hospital located in the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Requests for appraisal;

1. The application of Acts and subordinate statutes on criminal history records, inquiry reports, and criminal investigation reports (Attachment to judgments of the same kind as the suspect);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Article 334(1) of the Criminal Procedure Act provides that the defendant’s error of the reason for sentencing under Article 334(1) is not somewhat weak, and is against the defendant’s disadvantage, such as the main content of sentencing, and that there is no record of crime since 2010, and that there is no social relation, and that social relation is obvious, and the defendant’s age, character and conduct, environment, means and consequence of the crime, and the circumstances after the crime, etc. shall be comprehensively considered and determined as the order.

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