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(영문) 부산지방법원 서부지원 2020.07.22 2020고단103
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[criminal power] On January 11, 2008, the defendant was issued a summary order of one million won or more for a violation of the Road Traffic Act at the Busan District Court, and on April 19, 2017, a summary order of four million won or more for the same crime from the Busan District Court Seo branch branch.

【Criminal Facts】

On January 7, 2020, at around 00:48, the Defendant driven an E rocketing car with blood alcohol concentration of 0.067% while under the influence of alcohol from the Busan Simdong B apartment parking lot to the front of the same apartment Ddong.

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 circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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

1. In full view of the motive and background of the crime for sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account the Defendant’s age, character and conduct, means and consequence, circumstances after the crime, criminal records, etc. and all of the sentencing conditions indicated in the present arguments and records, such as the reason for sentencing under Article 334(1).

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