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(영문) 부산지방법원 2016.06.23 2016고정1802

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On December 3, 2004, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Busan District Court, and the above summary order became final and conclusive. On August 21, 2007, upon receiving a summary order of KRW 1.2 million from the same court as the same crime, the above summary order became final and conclusive on April 22, 201 by receiving a summary order of KRW 2.5 million from the same court as the same crime.

Although Defendant was punished twice or more due to drinking, on April 11, 2016, at around 00:14, Defendant, while under the influence of alcohol at around 00:0,056% of alcohol during blood, operated a vehicle with B low-speed car at approximately 3km from the road near the alley of the Jung-gu Busan Metropolitan City to the front road of the Tae-dong in Busan Metropolitan City, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry into the results of regulating drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;