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(영문) 부산지방법원 2018.06.20 2018고정626
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On October 14, 2010, the Defendant issued a summary order of a fine of KRW 700,000 as a crime of traffic law at the Busan District Court, and on February 11, 2015, a fine of KRW 1.5 million as a crime of traffic law at the Busan District Court.

On August 11, 2017, the Defendant driven an EM525 vehicle at a level of about 500 meters from the parking lot located in Busan Dong-gu B to the front road of the D hospital located in Busan Dong-gu, Busan, without obtaining a driver's license on August 23:30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

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

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In view of the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment has a history of having been punished three times due to drinking driving, and that the alcohol concentration in blood is very high to 0.231%, a fine prescribed in the summary order is deemed appropriate.

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