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(영문) 부산지방법원 2016.11.24 2016고단5961
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by a fine of seven million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On February 24, 2011, the Defendant violated the provision on prohibition of driving under the influence of alcohol not less than twice under the Road Traffic Act by receiving a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Busan District Court on December 19, 201, and receiving a fine of KRW 2 million as a crime of violation of the Road Traffic Act at the same court on December 19, 201.

On September 20, 2016, the Defendant driven a car with approximately KRW 100 m2 from the road in front of the laundry in the Busan Glunddo to the front of the launddo in the same Dong, while under the influence of alcohol content of at least 0.089% of the blood alcohol content on September 20, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

3. Consideration, such as the fact that there is no past record of imprisonment without prison labor or heavier punishment for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the fact that the amount of alcohol is not high, and the fact that it is against the law.

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