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(영문) 부산지방법원 2017.01.23 2016고정3974

도로교통법위반(음주운전)

Text

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

If the defendant fails to pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 3, 2013, the Defendant issued a fine of KRW 500,000 to a violation of the Road Traffic Act (drinking driving) at the Busan District Court on July 3, 2013, and a fine of KRW 2,00,000 to a violation of the Road Traffic Act (dacting driving) at the Busan District Court on October 21, 2013.

Despite the fact that the Defendant was punished twice or more due to the crime of violating the Road Traffic Act (drinking), on September 20, 2016, the Defendant driven approximately 50 meters from the roads adjacent to the annual wedding place located in the Soksan-dong, Busan, in the state of alcohol leveling to 0.053% of alcohol level among the blood transfusion around 21:55 on September 20, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident statement prepared C;

1. Notice of the result of crackdown on driving under drinking, a statement in the circumstances of the driver under driving under drinking;

1. A report on investigation (Attachment of on-site photographs);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (investigation into the suspect's driving force);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Articles 53 and 55(1)3 of the Criminal Act for Reduction of Small Quantity [All the circumstances, including the fact that the defendant operated Otoba, that the Otoba, that the fri alcohol concentration in the blood of the defendant does not significantly exceed the punishment standards, and that the defendant reflects the defendant's mistake in depth];

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;