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(영문) 부산지방법원 동부지원 2017.10.24 2017고정834

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On May 30, 2017, the Defendant driven a turfed car at B AW on May 30, 2017, and driven a distance of approximately 200 meters to the front of the plane station in the Eup/Myeon located in the plane captain, starting from LH apartment located in the Busan-gun, Busan-gun, to the state of drinking alcohol concentration of 0.058%.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act, which is favorable to the instant case, set the amount of the fine by taking into account the circumstances ( particularly the circumstances in which the Defendant appears not to drive immediately after drinking (i.e., the point in which the Defendant seems to have driven (i.e., a "nicking driving")) and unfavorable circumstances (the circumstances in which the Defendant could have been punished for driving under drinking in the past).