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(영문) 부산지방법원 2018.09.05 2018고정1142

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by a fine of four million won;

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

Reasons

Punishment of the crime

On April 11, 2018, while under the influence of alcohol leveling to 0.182% from blood leveling around 23:05, the Defendant driven BSM (M)-5 automobiles with approximately 1 km from the street parking lot in front of the Korean power plant located in Seo-gu Busan Metropolitan City to the road front of the "Seocheon-gu, Busan" located in Seo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

2. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse.

1. Scope of applicable sentences under law: Fines of three million won to five million won; and

2. In this case, the decision of sentence shall be deemed to have driven a vehicle under the influence of alcohol content of 0.182% during night, and the nature and circumstances of the crime are not good, and the drinking value is so high that the defendant's operating of the vehicle is more than 0.2% in excess of the driver's license revocation standard.

Such crimes are highly likely to undermine the safety of road traffic and cause traffic accidents.

However, there are more favorable circumstances such as the fact that the defendant recognizes his crime and repents his mistake, that there is no record of punishment for the same crime, that there is a place where he supports his children together with her husband, and that there is no economic situation.

The above points and other circumstances, such as the defendant's age, sex, occupation, environment, family relationship, motive, method, and result of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.