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(영문) 부산지방법원 동부지원 2016.11.14 2016고단906

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On December 31, 2009, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Busan District Court's Dong Branch's branch. On June 14, 2012, the Defendant issued a summary order of KRW 3.5 million for a violation of the Road Traffic Act at the Busan District Court's Dong Branch's branch's branch's branch's branch's branch's branch's branch's office.

Criminal facts

Around 21:40 on June 14, 2016, the Defendant was under the influence of alcohol with a blood alcohol content of 0.083%, and the Defendant was driving a BM7 car in an amount equivalent to approximately 10 meters from the Agricultural Parking Lot in front of the NAF in Busan Shipping Daegu to the roads adjacent thereto.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Inquiry into the result of the crackdown on drinking driving;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is heavy in light of the fact that the defendant committed the crime of this case again even though he had the same criminal record, but has committed the crime of this case. However, there is no criminal record exceeding the past fine, the defendant's age, occupation, family relation, circumstances leading up to the crime, degree of blood alcohol concentration, driving distance, etc., the punishment as ordered shall be determined by taking into account all the normal materials revealed in the trial process, such as the defendant's age