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(영문) 부산지방법원 서부지원 2018.06.15 2018고단291

도로교통법위반(음주운전)

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

On April 28, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court on April 28, 2009, and a fine of KRW 1.5 million for the same crime at the same court on June 28, 2016.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, the Defendant driven a DNA car with approximately 0.075% alcohol level from the Defendant’s house located in Seo-gu Busan on September 9, 2017 to the entrance of the C community located in the same Gu from Busan on September 9, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at the main place, and statement of alcohol alcohol during blood;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 148-2 (1) of the same Act concerning the selection of punishment, reflectivity, the volume of drinking of this case, the circumstances of driving, etc.);

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;