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(영문) 부산지방법원 동부지원 2015.06.22 2015고정148

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On November 12, 2008, the defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Busan District Court on November 12, 2008, and on April 21, 201, the Busan District Court issued a summary order of KRW 1,50,000 as a fine for the same crime.

On November 1, 2014, at around 22:15, the Defendant driven B Az car up to approximately 1.5 km prior to the 1295-7 Jeju apartment road located in front of Busan Metropolitan Transportation Daegu Metropolitan City 37-gil 11 (Dongdong), while under the influence of blood alcohol concentration of 0.092%.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the circumstantial statement prepared by the police; and

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to the inquiry report prepared by the police;

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 53 and 55(1)6 of the Criminal Act for discretionary mitigation (i.e., that the defendant is repenting of wrong facts, and there are no other criminal records except the criminal records indicated in the judgment of the defendant; and (ii) the defendant appears to have fallen in an economic difficult condition by his name in his/her name on December 3, 2014, when he/she was involved in an accident during his/her work on December 3, 2014);

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

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