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(영문) 부산지방법원 2013.11.04 2013고정4453

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 19, 2007, the defendant was sentenced to a fine of 500,000 won for the violation of the Road Traffic Act (driving) in Busan District Court's Dong Branch's branch court on December 19, 2007, and a summary order of 1.5 million won for the same crime at Busan District Court on September 16, 2008.

Nevertheless, at around 02:00 on May 25, 2013, the Defendant driven a B-car under the influence of alcohol with approximately 100 meters at around 0.093% of alcohol content in front of the same community credit cooperative in front of the 3 Dong-dong Office in Yong-dong, Busan at the time of alcohol alcohol level 0.093% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reporting the circumstances of driving under the influence of alcohol and making the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;