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(영문) 부산지방법원 2021.02.05 2020고단4950
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

On April 12, 2016, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court on April 12, 2016, and was sentenced to a fine of KRW 2 million for the same crime at the same court on August 10, 2016.

On November 7, 2020, the Defendant driven a BS-type car under the influence of alcohol content of 0.098 percent from the 1km section from the mountain railway station in Yangsan-si to the center located in Yangsan-si, Yangsan-si, Yangsan-si. The Defendant driven a BS-type car under the influence of alcohol content of 0.098 percent from the mountain railway station in Yangsan-si.

Summary of Evidence

1. Criminal records before the defendant's statutory statement, inquiry into the results of crackdown on driving alcohol and the statement of the situation of the driver's driver: Application of Acts and subordinate statutes to investigation reports (the same type of criminal records and attachment

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, even though the defendant had been subject to punishment for the same kind of crime, shall be determined as ordered by taking into account the following factors: (a) the defendant's blood alcohol concentration in the blood of the defendant; and (b) the defendant's age, sex behavior, environment, etc.; and (c) the punishment shall be determined as ordered by taking into account various sentencing conditions

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