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(영문) 부산지방법원 2018.11.14 2018고정1476
도로교통법위반(음주운전)
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1. The defendant shall be punished by a fine of seven million won;

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

Reasons

Punishment of the crime

1. On December 1, 2008, the Defendant was sentenced to a fine of KRW 500,000 for a crime of violation of the Road Traffic Act in the Busan District Court’s Dong Branch Branch Branch of the Busan District Court, and on February 13, 2014, the Defendant was sentenced to a fine of KRW 4 million for the same crime, etc. at the Busan District Court. On February 13, 2014, the Defendant was sentenced to a fine of KRW 5 million

2. On May 31, 2018, the Defendant, while under the influence of alcohol leveling to approximately 0.159%, driven a B E-type car on May 31, 2018, and driven approximately 20 meters from D’s road located in Busan Jin-gu C to the road in front of “F” located in E.

Summary of Evidence

1. Crimes indicated in judgment;

(a) Statement by the defendant in court;

(b) A traffic accident report;

(c) Statement of the circumstances of the driver at home;

(d) The response to the request for appraisal;

2. The records of the offense;

(a) a response to inquiries;

B. Application of the law of “verification of Attachment of Copy of Judgment”

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

2. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse.

1. Scope of applicable sentences under law: Fines of five million won to ten million won;

2. The decision of sentence is that the defendant drives a car under the influence of alcohol level of 0.159% in blood at the heart, and the nature and circumstances of the crime are not good, and the drinking value exceeds the criteria for the revocation of driver's license (0.1%).

The Defendant’s blood alcohol level was 0.232% as the result of the Plaintiff’s detection by a drinking driver at around 02:50 on the day of the instant case and measured at around 03:38, and the blood collection level was 0.232%. As a result, the Defendant demanded the Defendant to collect blood and conducted a blood collection measurement at around 04:40, the blood alcohol level was 0.159%. Considering the above lapse of time, the alcohol level at the time of driving appears to have exceeded 0.159%.

And these crimes are social because they are likely to undermine road traffic safety and cause traffic accidents.

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