(영문) 부산지방법원 동부지원 2019.10.23 2019고단1471

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(영문) 부산지방법원 동부지원 2019.10.23 2019고단1471

도로교통법위반(음주운전)

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

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

Reasons

Punishment of the crime

【Criminal Power】 On December 21, 2015, the Defendant was issued a summary order of KRW 3 million at the Changwon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts” around 09:40 on July 18, 2019, the Defendant driven a DNA-learning car while under the influence of alcohol leveling 0.09% at the section of about five meters in the front parking lot of the building C, Nam-gu, Busan.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident;

1. The circumstantial statement of the employee;

1. Report on the circumstances of an employee;

1. A traffic accident report (1) (2);

1. Vehicle photographs;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

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. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of having been punished once as stated in the judgment of the defendant, the crime of driving in this case is not exceptionally applied in light of the fact that the driving in this case was done and the occurrence of a heavy accident while driving under the influence of alcohol occurred.

However, in order to change the location of a vehicle parked in the parking lot without the settlement of learning, a punishment shall be determined as described in the order, considering the following factors: (a) the fact that the defendant is against the nature of the defendant; (b) the fact that the location of the vehicle parked in the parking lot is changed; (c) the damage of the big material accident is minor; (d) the degree of blood alcohol concentration; and (e) the age, character and conduct

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