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(영문) 부산지방법원서부지원 2020.08.11 2020고단1046
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

[Criminal Power] On September 28, 2006, the Defendant was issued a summary order of 1.5 million won by the Busan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 14, 2020, the Defendant, while under the influence of alcohol on 03:25% of blood alcohol level, driven an Eststren vehicle from the front side of the road located in Busan Heung-gu B to the front side of the Busan Northern-gu D.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of a drinking driver) and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation status (verification of criminal records of the same criminal punishment of a suspect), and statutes;

1. Relevant legal provisions concerning the facts of crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act, which choose the penalty;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that even though the Defendant had been punished for drunk driving, the Defendant again committed the instant crime; the blood alcohol level at the time of drunk driving was not lowered; and that the Defendant caused an accident that shocks the central separation ccushion tank installed on the road due to the instant crime, which is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized the crime of this case and reflects it, and that the defendant was punished as a drunk driving on 2006 as stated in its reasoning, and there was no record of punishment until the crime of this case, etc. are favorable to the defendant.

In addition to these circumstances, the defendant's age, character and conduct, motive and background of the crime, results, and circumstances after the crime, etc., and the various sentencing factors indicated in the arguments and records of this case shall be determined as ordered.

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