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(영문) 부산지방법원 동부지원 2019.09.04 2019고단806
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 6, 2009, the Defendant received a summary order of a fine of one million won from the Busan District Court for a violation of the Road Traffic Act ( sound driving), and on September 13, 2010, the Defendant received a summary order of a fine of three million won from the Busan District Court to the violation of the Road Traffic Act ( sound driving) from the Busan District Court on at least two occasions.

On February 14, 2019, at around 06:36, the Defendant driven from the Do in front of the Southern-gu Busan Metropolitan City Bllra to the front road located in the Busan Metropolitan City captain C, the Defendant driven the ew-III truck with the blood alcohol concentration of about 0.068% under the influence of alcohol level from about 17km to the front road located in the Busan Metropolitan City captain C.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Report on the circumstances of an employee;

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

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has the record of being punished twice due to drunk driving, each of the above drunk driving is relatively old, each of the above drunk driving has a relatively long history, and the situation to take into account the circumstance is that the pertinent drunk driving was conducted to work under the condition that drinking is less than drinking on the new wall by the day immediately preceding night 10 hours, and the Defendant’s blood alcohol concentration level is lower, etc., shall be determined as stated in the order.

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