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(영문) 부산지방법원 동부지원 2020.01.09 2019고단2058
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On May 16, 2008, the Defendant received a summary order of KRW 500,00 from the Busan District Court's branch court to a fine of KRW 500,00 as a violation of the Road Traffic Act.

On November 4, 2019, at around 22:47, the Defendant driven an E-motor vehicle while under the influence of alcohol leveling 0.049% from the 'C convenience store' to the 'D hotel' before the 'D hotel' in Busan-gun B'.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, investigation reports (former records, confirmation, and attachment reports to summary orders);

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) 3 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. Although the error of the defendant in the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not easy, the defendant is against the defendant, and the main point is not heavy, and the defendant's age, character and conduct, environment, means and result of the crime, circumstances after the crime, economic situation, etc. are considered, and the punishment is determined as ordered by taking into account the various factors of sentencing as shown in the trial process of this case

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