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(영문) 부산지방법원 동부지원 2018.06.21 2018고단571

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of nine million won.

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

Reasons

Punishment of the crime

The defendant is a person who drives a Cbents car.

1. On August 11, 2010, the Defendant violated the Road Traffic Act (drinking) is a person who was sentenced to a fine of 2.5 million won or more due to a violation of the Road Traffic Act (drinking) at the Busan District Court, and on October 19, 2016, the Defendant was sentenced to a summary order of 2 million won or more due to a violation of the Road Traffic Act (drinking) at the Busan East Branch Support.

Although the Defendant had had a record of driving two or more times as above, the Defendant driven a car at Cbenz in the state of 0.059% alcohol level in alcohol level from a nearby home restaurant located in the month of the Busan Metropolitan Government’s Articles of Incorporation at around 01:0 on January 4, 2018 to the point of origin in the 115 CU’s Articles of incorporation at around the same Eup/Myeon located in the month of the Busan Metropolitan City’s Articles of Incorporation.

2. On the same day as paragraph 1 of Article 1 of the Road Traffic Act (Non-licensed Driving) of the Road Traffic Act, a driver is driving a vehicle at a distance of approximately 500 meters from a house restaurant near the Eup/Myeon of the Busan Metropolitan City in the articles of incorporation of the Eup/Myeon to the mountain point of the 115 CUU of the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, a written statement of the occurrence of a traffic accident, an investigation report, a circumstantial statement of the driver at home, notification of the results of regulating drinking, and the ledger of driver's licenses;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. The crime of this case on the ground of sentencing of selective fine for punishment is driving under the influence of alcohol without a license, and is disadvantageous to the defendant, such as the nature of the crime is bad, and the defendant has been driving two times before driving under the influence of alcohol.

However, there are favorable circumstances such as the fact that the defendant recognized the facts charged and is against the law, and that the degree of exploitation is very high.

In addition, this case's age, sex, environment, means and results of crimes, circumstances after crimes, etc.