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(영문) 부산지방법원 동부지원 2014.09.17 2014고단1145

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 12, 201, the Defendant was sentenced to a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act in the Busan District Court's Dong Branch Branch, and on October 31, 201, the same court was issued a summary order of KRW 2,00,000 for a violation of the Road Traffic Act. On October 15, 2013, the same court was sentenced to a suspended sentence of KRW 1,00 for a violation of the Road Traffic Act. On October 23, 2013, the Defendant was sentenced to a suspended sentence of KRW 2,00,000 for a fine for a violation of the Road Traffic Act.

Although the Defendant violated the provision on the prohibition of drunk driving twice or more, on May 10, 2014, at around 14:30 again, the Defendant driven D 125cc mertoba while under the influence of alcohol content 0.179% under the influence of alcohol without obtaining a motorcycle driver’s license from the house of the Defendant in the Busan Metropolitan City Shipping Daegu to the 4.1Km cycle from May 10, 201 to the same east 419.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Certificate of driving career;

1. Criminal records: Application of the Act and subordinate statutes to inquiry reports and investigation reports, including criminal records;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69(2) of the former Criminal Act for the confinement of a workhouse;

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