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(영문) 부산지방법원 2014.11.26 2014고단7018

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On July 10, 2013, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act at the Busan District Court on July 10, 2013, and on July 18, 2013, the said judgment became final and conclusive and is still in the grace period, and on March 31, 2010, the Defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act at the Busan District Court on March 31, 201, and the same type of criminal record is more than three times after 200.

On July 25, 2014, at around 14:50, the Defendant driven a vehicle between C, under the influence of alcohol with a blood alcohol concentration of about 0.079% without obtaining a driver's license from a section of about 500 meters from the front side of the Taecheon Apartment Apartment apartment located in Seocheon-dong, Busan to the road adjacent to the two vehicles located in the Gupo-dong, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, details of the disposition on cancellation of driver's licenses, reports on the state of the driver's license, and reports on the state of

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Optional fine;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, when the defendant committed the crime in this case again during the period of suspension of execution of the same kind of crime, and there are records of the crime committed by the defendant several times during the period of suspension of execution and sentence. However, the drinking value of the defendant is not higher than 0.079%, the defendant's health condition is against the defendant, and the defendant's health condition is not good, and other various sentencing conditions specified in the arguments in this case such as the circumstances, contents, age, character and behavior of the defendant, etc. shall be comprehensively considered.