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(영문) 부산지방법원 2018.08.29 2018고정1085

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On December 10, 2016, the Defendant, while under the influence of alcohol level of 0.17% among the blood transfusions, driven a B rocketing motor vehicle with approximately 2 km from the road near the subway station in the Sonsan Station in Busan Soksan-dong to the road at the entrance of the tunnel 2-km.

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) 2 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 three million won to five million won; and

2. In this case, the decision of sentence shall be deemed to have driven a motor vehicle under the influence of alcohol level of 0.17% during the night, while the defendant is deep, and the nature and circumstances of the crime are not good, and the drinking volume exceeds 0.1%, which is the criteria for cancellation of driver's license, and the driving level of the motor vehicle shall be higher than 0.2%.

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

Furthermore, the defendant appears to have been punished twice as a violation of the Road Traffic Act.

However, there are also favorable circumstances, such as the fact that the defendant recognized his/her crime and divided the wrongs, that all the criminal records as mentioned above were sentenced to a fine, and that there was no other criminal record.

The above points and other circumstances, such as the defendant's age, sex, occupation, environment, family relationship, motive, method, and result of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.