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(영문) 부산지방법원 2016.10.21 2016고단4557

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On July 27, 2016, at around 05:27, the Defendant driven a D-style car from approximately 7km to the front road of about 104 U.S. Soon-dong Busan Fung-dong, Busan-dong, Busan-gu, Busan-do, U.S. Soon-ro, Busan-do, 104, while under the influence of alcohol concentration of 0.218%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the written report on circumstantial statements of a host driver;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the selection of fines;

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

1. A reasonable mistake is recognized and reflected in the fact that the instant crime was committed in the state of social exploitation while having been placed a prior notice of suspension of indictment on condition of juvenile guidance and education for a crime of the same kind in 2014, which is disadvantageous to the reason for sentencing under Article 334(1) of the Criminal Procedure Act, and that there is no record of criminal punishment except the record of criminal punishment as above, and the punishment is determined as ordered by comprehensively taking into account the Defendant’s age, character and behavior, environment, circumstances leading to the crime, circumstances after the crime, etc.