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(영문) 부산지방법원 서부지원 2020.04.17 2019고단2446
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

[Criminal Power] On October 12, 2017, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (driving) at the Busan District Court Seo branch on October 12, 2017.

【Criminal Facts】

On September 25, 2019, at around 22:30, the Defendant driven a DNA car with a blood alcohol content of about 0.119% while under the influence of alcohol from approximately 100 meters from the entrance road of Seo-gu, Busan to the front road of the same Gu C.

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 circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

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

1. Relevant Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order has reached the crime of this case again even though the defendant had been punished for drinking driving.

However, the defendant shows an attitude to recognize and reflect his mistake, and the actual driving distance is not driving distance.

There is no history of punishment exceeding a fine.

In addition, in consideration of the age, character and conduct of the defendant, motive, means and result of the crime, circumstances before and after the crime, etc., various circumstances constituting the conditions for sentencing as shown in the arguments in this case, the punishment as ordered shall be determined.

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