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(영문) 부산지방법원 2016.06.15 2016고정1525

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 November 9, 2012, the Defendant is a person who violated the prohibition of driving under the influence of alcohol not less than twice after having received a summary order of KRW 1,500,000 as a fine for a violation of road traffic laws (drinking) from the Changwon District Court's Jinju branch on November 9, 2012, and on January 29, 2016, with a penalty of KRW 1,50,000 as a violation of road traffic laws (drinking).

On February 2, 2016, at around 23:30, the Defendant driven a B-L car from Busan-dong to the lower-class road of about 3 kilometers from Busan-dong to the lower-class road of 1242 as Busan-do, while under the influence of alcohol level of 0.144%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the situation of the driver at the main place, response to a request for appraisal, and report on the detection of the driver at the main place;

1. Investigation report (in the case of the blood, the concentration of Algoan 0.144 applied);

1. Previous convictions: Inquiries about criminal history, reporting of the previous convictions and reporting of the results thereof, and applying a copy of statutes of a summary order;

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

1. Articles 11 and 55 (1) 6 of the Criminal Act to mitigate deaf-mutes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;