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(영문) 부산지방법원 2018.09.28 2018고정1322

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by a fine of two million won;

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

Reasons

Punishment of the crime

On July 8, 2018, the Defendant, while under the influence of alcohol leveling to approximately 0.09% among blood alcohol leveling around 01:02, driven a first-hand car in B, and driven approximately 50 meters from the roads adjacent to the Geum-gu, Pung-gu, Busan, Pyeong-gu, Busan, to the roads located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

2. 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) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

2. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse.

1. Scope of applicable sentences under law: Fines of 50,000 to 3 million won; and

2. In this case, the decision of sentence is sufficient that the defendant drives a vehicle under the influence of alcohol level of 0.09% in blood at the heart, and the nature and circumstances of the crime are not good, and the degree of drinking alcohol level is also higher than that of the revocation criteria (0.1%) for driver's license.

Such crimes are highly likely to undermine the safety of road traffic and cause traffic accidents.

Furthermore, the defendant seems to have been punished for driving under drinking even before.

However, there are also favorable circumstances such as the fact that the defendant recognizes his crime and repents the wrong, that there is no record of punishment heavier than the fine, and that there is no adequate economic situation.

The above points and other circumstances, including the defendant's age, sexual conduct, environment, family relationship, motive, method, and result of the crime, and the circumstances after the crime, shall be determined as the sentence as ordered by considering the following circumstances.