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(영문) 부산지방법원 2018.11.29 2018고정1585

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 10, 2008, the Defendant issued a summary order of KRW 700,000 to a fine for a crime of violating the Road Traffic Act at the Busan District Court on March 10, 2008, and on September 13, 2010, the Defendant violated the laws and regulations prohibiting driving on two or more occasions, such as receiving a summary order of KRW 1 million for the same crime from the Changwon District Court on September 13, 201.

Nevertheless, under the influence of alcohol level of 0.069% in blood around July 23, 2018, the Defendant driven a B-A-car with approximately 300 meters from the vicinity of the Busan East-dong hot Spring-dong Intersection to the front of the public parking lot in the same Gu and Dong-dong-dong, the Defendant driven a B-A-car with approximately 30 meters in front of the public parking lot in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Previous convictions: Application of Acts and subordinate statutes to reply to inquiries, such as criminal history, report on investigation, and copy of judgment;

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

1. Article 53 and Article 55(1)6 of the Criminal Act for Reduction of Quantities ( Taking into account the defendant's assertion that the astronomical food suffering by the defendant may have influenced the alcohol concentration in the blood of this case);

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;