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(영문) 부산지방법원 동부지원 2019.07.24 2019고단642
도로교통법위반(음주운전)
Text

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

On December 22, 2009, the Defendant was sentenced to a fine of KRW 500,000 as a violation of the Road Traffic Act (driving) in the Busan District Court’s Dong Branch Branch Branch, and a fine of KRW 3 million as a fine in the same court on July 22, 2011, respectively.

On April 11, 2019, at around 22:25, the Defendant driven a fluor vehicle with approximately KRW 70 meters of alcohol level 0.098% under the influence of alcohol level 0.098% from around C sales stores located in Busan-gun B to E on the street.

As a result, the defendant was a person who driven a drinking twice or more times and was driving a drinking again as above.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in judgment: Criminal records, inquiry reports on criminal records, amounts of previous dispositions, results of confirmation, and application of Acts and subordinate statutes of a summary order;

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. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order is based on the fact that the blood alcohol concentration level is not high, the distance of drunk driving is short, and there are no other records of drunk driving except for the two kinds as indicated in the judgment of the court, the most recent records of drunk driving are 2011, the circumstances leading to the drunk driving, the circumstances after the crime, etc., and the amount of the fine as stated in the order shall be selected and determined by the fine.

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