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(영문) 부산지방법원 2020.10.26 2020고단3051
도로교통법위반(음주운전)등
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

[Criminal Power] On October 2, 2019, the Defendant received a summary order of KRW 6 million from the Busan District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

1. Around 18:00 on July 23, 2020, the Defendant driven C SP car without obtaining a driving license from the Busan Eastdong-gu B apartment to the public parking lot in the Busan Eastdong-dong-dong.

2. Around 23:39 on the same day as Paragraph (1) of this Article, the Defendant violated the Road Traffic Act (driving) stated approximately 3 meters in the public parking lot in the Dongdong-dong, Busan, for about 30 meters, but according to the police of the Defendant and the statement in this court, the distance of the Defendant’s driving is 3 meters. Thus, the correction was made as above.

In the section, while under the influence of alcohol level 0.082%, the above C SP car was driven in the state of alcohol level 0.082%, thereby violating the prohibition of drunk driving twice.

Summary of Evidence

1. Statement by the defendant in this court;

1. Entry of the statement of the police suspect examination protocol into the police suspect examination report, and entry of the report on the investigation into the state of the driver’s license, into the register of the driver’s license;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes described in criminal records and investigation reports (reports attached to the same kind of power);

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, and the choice of fines;

1. Of concurrent crimes, the number of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the aggregate of the maximum amount of two crimes for a violation of the Road Traffic Act, heavier than the punishment), among concurrent crimes;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

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

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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