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(영문) 부산지방법원 2017.08.29 2017고단3470

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On June 27, 2017, around 02:40, the Defendant driven a B-learning car under the influence of alcohol content 0.227%, without obtaining a driver's license, from the apartment complex of the 3rd city of the Busan Jin-gu, Busan to the front road of the 1.4 kilometer from the same apartment complex to the front road of the 1.4 kilometer, and driving the B-learning car under the influence of alcohol content 0.27%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The punishment of this case is determined as per the disposition, considering the following as a whole: (a) the driving of drinking alcohol for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order; (b) even though one-time criminal punishment was imposed on one occasion due to the refusal of drinking alcohol measurement, the liability for the crime of this case is not clear during the period of probation; (c) the fact that the crime of this case is found to be wrong and reflects the fact that there is no record of criminal punishment exceeding the fine for the same kind of crime; (d) the Defendant’s age, sex, environment, background leading to the crime, circumstances leading to the crime, etc.