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(영문) 부산지방법원 동부지원 2020.01.08 2019고정626
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On December 9, 2009, the defendant was issued a summary order of a fine of one million won by the Busan District Court due to a violation of the Road Traffic Act.

On July 31, 2019, at around 22:40, the Defendant driven Dsch Rexroth car under the influence of alcohol concentration of about 0.067% from the front parking lot of the Ccafeteria located in the Busan metropolitan area B to the front road of the said restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Report on the circumstances of an employee;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of Acts and subordinate statutes of one copy of a summary order;

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) 6 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant drives approximately five meters in order to keep the convenience of a proxy driver and there are circumstances to consider the situation. The degree of blood alcohol concentration is low, the distance of drunk driving is very short, and the interval between the previous driving force and the previous driving force is relatively long-term.

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