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(영문) 부산지방법원 2017.05.18 2017고단689

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

[criminal history] On August 3, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Busan District Court, and on April 21, 2010, the Defendant was issued a fine of KRW 1.5 million for a crime of violating the Road Traffic Act.

[2] On February 1, 2017, the Defendant driven B automobiles from a distance of about 4 km to the front road of the modern home town located in the Busan Jindong-gu, Busan, under the influence of alcohol content of 0.103% during blood around 00:08, the Defendant driven B automobiles from a distance of about 4 km to the front road of the apartment apartment located in the Busan Jindong-gu, Busan.

As a result, the Defendant violated the prohibition of drinking driving regulations twice and drives a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Records of the judgment: The application of inquiry letter, such as criminal history (A), investigation report, and Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving), and the selection of fines concerning the crime;

1. The sentencing of Articles 70(1) and 69(2) of the Criminal Act with the detention in the workhouses shall be determined as ordered in consideration of the following: (a) there are two times the records of punishment already imposed for drinking alcohol, such as the records of the criminal records as stated in the Defendant’s reasoning; (b) the degree of driving; (c) the fact that there is no record of punishment other than the above previous records; (d) the depth of the crime; (e) the Defendant’s age, character and conduct