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(영문) 부산지방법원 동부지원 2019.10.10 2019고단1528
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On September 4, 2006, the defendant was issued a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (driving) in the Busan District Court's branch court's branch court.

On August 6, 2019, at around 005, the Defendant driven a 0.061% alcohol level from the Busan Shipping Daegu World Trade Organization to the Ctel at approximately 2 km from the Busan Shipping Daegu World Trade Organization to the Ctel, while under the influence of alcohol at around 0.061% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the report on the situation of driving under the influence of alcohol, and the report on the situation of driving under the influence of alcohol;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and 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 nature of the defendant's reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not good, it is against the defendant, and the main nature of the defendant is not excessive, and the criminal records of the same criminal records are one time, but there are no criminal records since 2007. Other factors of sentencing in the trial process of this case, including the defendant's age, character and conduct, environment, means and consequence of the crime, circumstances after the crime, economic situation, etc., shall be comprehensively taken into account and determined as ordered by the order.

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