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(영문) 부산지방법원 2015.09.08 2015고단1846
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On January 7, 2008, the Defendant was sentenced to a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Busan District Court on November 26, 2008; on November 26, 2008, the same court issued a summary order of KRW 3 million by the same crime; on February 8, 2012, the Defendant was sentenced to imprisonment for 8 months and 2 years for a violation of the Road Traffic Act; on November 28, 2012, the Defendant was sentenced to imprisonment for 6 months by the Busan High Court on November 27, 2013, and completed the execution of the sentence at the Busan Prison on November 27, 2013.

On October 20, 2015, at around 08:57, the Defendant driven a car under the influence of alcohol level of about 0.106% in the section of approximately 1km from the front of his house located in the Busan East-gu, Busan-dong, to the front of the Busan-dong, Busan-dong, the Defendant driven a car under the influence of alcohol level of about 0.106%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previouss before ruling: Criminal history records, inquiry reports, and application of Acts and subordinate statutes (No. 13);

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

1. Selection of a fine only once, in consideration of the circumstances surrounding the control of selective drinking of a punishment, the fact that the defendant is found to have drinking and committed a crime on the following day, the health status of the defendant, etc.;

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

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