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(영문) 부산지방법원 서부지원 2020.02.12 2019고단2083
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

Although the Defendant was punished by a fine of KRW 3 million from the Busan District Court on May 31, 2018 due to a violation of the Road Traffic Act (MMA), on September 12, 2019, the Defendant driven an EG70 car under the influence of alcohol with approximately 0.063% of blood alcohol concentration from the front of the Busan Seo-gu B apartment on September 10, 2019 to the front of D located in Busan Sho-gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. Application of Acts and subordinate statutes to inquiry reports;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose a penalty, and selection of fines;

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 on the ground of sentencing is based on the fact that the Defendant’s blood alcohol concentration is relatively high at the time of committing the instant crime, there is a need for strict punishment against the Defendant.

However, the fact that the defendant recognized the crime of this case and divided his mistake into two separates, and that he would not repeat the crime of this case. In light of the defendant's blood alcohol concentration and control point at the time of the crime of this case, the circumstances may be considered, and the defendant's age, character and environment, motive, means and consequence of the crime of this case, the punishment as ordered shall be determined by taking into account the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, motive, means and consequence

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