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(영문) 부산지방법원 2017.02.09 2016고단7341

도로교통법위반(음주운전)

Text

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

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On May 3, 2010, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Busan District Court on May 3, 2010, and on December 15, 2015, the Defendant violated the provision on prohibition of driving under the influence of alcohol at least twice under the Road Traffic Act by receiving a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act (driving) from the same court.

On November 13, 2016, the Defendant driven a golf car with approximately KRW 800 meters from the front day of the document located in the Busan-gu Busan-dong to the global loan mileage road located in the same Dong, while under the influence of alcohol content of at least 0.072% among blood transfusion around 05:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of the provisions of the Acts and subordinate statutes;

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;

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

3. Although there are not many possibilities of criticism due to repeated driving of drinking for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the punishment as ordered shall be determined in consideration of the sentencing conditions, such as the fact that there is no past record of imprisonment without prison labor or heavier, the fact that the defendant's age, sex, environment, etc.