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(영문) 부산지방법원 2021.01.27 2020고정868
도로교통법위반(음주운전)등
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

On August 23, 2018, the Defendant issued a summary order of KRW 3 million to a crime of violating the Road Traffic Act at the Busan District Court on August 23, 2018.

On January 9, 2020, around 00:15, the Defendant driven an automobile driver’s license on the section of about 50 meters in the vicinity of the C, Busan, Busan, to the front of the D hotel in front of the D hotel, and on July 21, 2018, the driver’s license was revoked and the blood alcohol concentration was 0.041% under the influence of alcohol.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and at the same time, operated the electric kick, while the Defendant was not issued a bicycle driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. The register of driver's licenses of vehicles that are provided with reports on the circumstantial statements, investigation reports (report on the situation of the driver in charge), and reports on the detection of the driver in charge and appraisal of the driver in charge of enforcement and photographing;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of suspect drinking and punishment records for unlicensed driving);

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning the facts constituting an offense, and Articles 154 subparagraph 2, and 43 of the Road Traffic Act (overtake of a non-licensed motor bicycle driver) concerning the facts constituting an offense;

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., the fact that the amount of alcohol content in blood is relatively low);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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