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(영문) 부산지방법원 동부지원 2019.05.29 2019고단382
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

On July 3, 2014, the Defendant received a summary order of KRW 1.5 million from the Busan District Court to a fine of KRW 1.5 million, and on February 1, 2016, from the Changwon District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act.

On March 1, 2019, when the Defendant had driven a drinking car twice or more as above, the Defendant driven a B deemed-type car under the influence of alcohol with approximately 200 meters alcohol concentration of about 0.083% from the front road of the Jung-dong Office in Busan, Daegu, to the front road of the entrance of the same office building.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a copy of the summary order, such as inquiry into the results of the crackdown on drinking driving, the report on the circumstantial statements of a drinking driver, investigation report (report on the status of a drinking driver), criminal records, etc. inquiry report;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the defendant's fault in depth, and the defendant is sentenced to the same punishment as the order together with a severe warning to the defendant only once in consideration of the present circumstances where the defendant is faced with, etc.

(A) The defendant should be sentenced to a sentence in a case where the defendant drives a drinking once again, and the defendant should be sentenced to a sentence, and the defendant should be sentenced to a serious punishment).

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