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(영문) 부산지방법원 2014.01.08 2013고단7222

도로교통법위반(음주운전)등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 5, 2009, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act (driving) at the Busan District Court on January 5, 2009, and on October 19, 201, the Defendant was sentenced to a summary order of three million won due to the same crime at the same court on October 19, 201, and violated Article 44 (1) of the Road Traffic Act on at least two occasions, and on October 22, 2013, the Defendant was sentenced to a suspended sentence of one year of imprisonment with labor for the same crime at the same court on October 30, 2013.

On September 30, 2013, the Defendant, without obtaining a driver's license at around 22:45, driven a B cruise car at a section of about 5 K m from the front of Snick Kin in the bottom of the Busan Snish-gu to the front of the residential environment in the same Gu, under the influence of alcohol concentration of 0.104%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. A reference inquiry report including criminal records, and a list of related cases;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a judgment);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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