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(영문) 부산지방법원 2017.04.12 2016고정4328

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On September 23, 2016, under the influence of alcohol content of 0.126% during blood transfusion around 01:45, the Defendant driven B-car at a section of approximately 200 meters near the 107-dong of the 107-dong of the Busan Seo-gu to the beginning of the same response.

Summary of Evidence

1. Statement by the defendant in court;

1. Traffic accident report, report on the circumstances of the driver involved in driving, and report on the detection of the driver involved in driving;

1. Application of Acts and subordinate statutes governing accidents;

1. Relevant Article 148-2 (2) 2 and Article 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. It is deemed that the amount of fine in the summary order is too high in full view of all the circumstances, such as the Defendant’s economic reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the Defendant was subject to punishment for the same kind of crime, and the Defendant committed the instant crime even if he had the history of punishment for the same crime; drinking driving is a serious criminal threatening another’s life; and other circumstances, such as the statutory penalty prescribed by the Road Traffic Act; the punishment imposed on a similar case; equity in a similar case; the Defendant’s age, sex, environment; motive, means and consequence of the crime; and the circumstances after the crime, etc.

It does not seem that it does not appear.

Therefore, the punishment is determined as ordered.