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(영문) 부산지방법원 서부지원 2020.02.12 2019고단2090
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Although the Defendant was punished by a fine of KRW 3 million from the Busan District Court on June 25, 2014 due to the violation of the Road Traffic Act, on August 14, 2019, the Defendant driven Churd car from the front of the Busan High-gu apartment on the roads of Busan High-gu, Busan High-gu, to the front of the Busan High-gu, Busan High-gu, 0.057% of blood alcohol concentration from the 3km section to the front of the Busan High-gu, Busan High-dong, the Defendant driven Churd car.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to inquiry reports and investigation reports (Attachment to the same type of judgment, etc.);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose a penalty, and 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 is that the defendant again committed the crime of this case even though he had been punished several times as a crime concerning the operation of motor vehicles, such as violation of the Road Traffic Act, violation of the Road Traffic Act, and violation of the Road Traffic Act. Considering the fact that the defendant's blood alcohol concentration at the time of the crime of this case is relatively high, it is necessary to severely punish the defendant.

However, the fact that the defendant recognized the crime of this case and divided his mistake into two separates, and that he would not repeat the crime of this case. In light of the defendant's blood alcohol concentration and control point at the time of the crime of this case, the circumstances may be considered, and the defendant's age, character and environment, motive, means and consequence of the crime of this case, the punishment as ordered shall be determined by taking into account the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, motive, means and consequence

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