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(영문) 부산지방법원 동부지원 2018.11.01 2018고단1473

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On November 14, 2007, the Defendant was punished for a violation of the Road Traffic Act by a fine of one million won in Busan District Court, and on December 31, 2008, the Seoul Southern District Court issued a summary order of two million won or more due to the same crime in Seoul Southern District Court on December 31, 2008.

Nevertheless, at around 06:01 on July 14, 201, the Defendant driven B K5 vehicles while under the influence of alcohol content of about 0.098% while under the influence of alcohol with approximately 3 km distance from the 3km in the same Dong in front of the hotel in the Ro-dong, Busan, Busan, the Round.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and an investigation report (report on the circumstances of the driver of drinking alcohol);

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

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 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant has two times the same criminal records and two times the criminal records are disadvantageous to him/her.

However, there are more favorable circumstances, such as the fact that the defendant recognized the facts charged and seriously reflects the fact, the degree of driving is very heavy, the distance of driving is very long, and the same criminal records are prior to about about 10 years.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.