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(영문) 부산지방법원 2020.08.12 2020고정788
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. On January 1, 2020, the Defendant was under the influence of alcohol equivalent to the blood alcohol concentration consular arms (0.048%) value on January 1, 202, the Defendant was driving a fenz C63 AMG car at a distance of about 40 meters from the front of the Busan Jin-gu C Gameland located in the Busan Jin-gu B and the front of the E in the same Gu.

2. On January 1, 2020, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license on January 1, 2020, the Defendant was driving a Fenz C63 AMG car at a distance of about 1 km from cultural tourism shooting distance in Busan-gu, Busan-gu to H parking lot in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the circumstantial statement of a drinking driver, an investigation report, an investigation report on the results of the crackdown on drinking driving, and an investigation report on the register of driver's licenses (the production and attachment ofCCTV video CDs);

1. Relevant provisions of Article 148-2 (3) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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