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(영문) 부산지방법원 2016.05.03 2016고단343

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 January 7, 2015, the Defendant was sentenced to 4 months of imprisonment with prison labor and 10 months of imprisonment with prison labor in Busan District Court on January 7, 2015, and the above judgment became final and conclusive on January 15, 2015.

On June 5, 2011, the Defendant, while under the influence of alcohol content of 0.089% among blood transfusions, driven Cho-low-income cars at approximately 500 meters from the front of the camping-gu in Busan Dong-dong to the front of the tower located in Busan Dong-dong from the front of the exit-gu in Busan Dong-dong to the front of the train located in Busan Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the circumstantial report of the driver at the main place of business);

1. Previous convictions: Inquiries about criminal history data and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

1. Article 148-2 Subparag. 1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201); the selection of fines on criminal facts; the selection of fines

1. Subsequent to Article 37 of the Criminal Act concerning the treatment of concurrent crimes: Provided, That Article 39 (1) (limited to cases where the above crime and judgment have become final and conclusive crimes, such as the false accusation);

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

1. The driving distance is relatively short that the criminal defendant's mistake is recognized and reflects the fact that the criminal records of punishment due to the ordinary traffic crimes that are disadvantageous to the reasons for sentencing under Article 334 (1) of the Criminal Procedure Act are committed several times during the period of probation, and the punishment is determined as ordered by taking into account the defendant's age, sex behavior, environment, and circumstance that has become final and conclusive simultaneously with the crime that has become final and conclusive.