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(영문) 부산지방법원 2020.01.30 2019고단5830
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] The Defendant was sentenced to a fine of KRW 500,000 to a fine for a violation of the Road Traffic Act in the Changwon District Court's branch on December 21, 2007.

【Criminal Facts】

On November 9, 2019, the Defendant driven Obaon from the front side of the Bank located in Geum-gu, Busan to the front road of the D building in Busan, under the influence of alcohol content of 0.086% on blood alcohol level around 00:05.05.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Interview to a request for appraisal, a written appraisal of blood alcohol, and inquiry into the results of the control of drinking driving (applicable to the collection of blood results);

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (verification of suspect's same kind of power, etc.);

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are against the defendant, the blood alcohol concentration is relatively high, the fact that there is no record of punishment for driving under influence of alcohol before and after the judgment, and other various conditions of sentencing as shown in the pleadings of the instant case, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be comprehensively considered and determined as the order.

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