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(영문) 부산지방법원 동부지원 2014.07.25 2014고단987
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On May 23, 2012, the Defendant was issued a summary order of KRW 600,000,000 as a fine for a violation of the Road Traffic Act in the Busan District Court's Dong branch branch court, and on October 25, 2013, a fine of KRW 7 million was imposed for a violation of the Road Traffic Act in the Busan District Court's Dong branch branch court.

On April 13, 2014, the Defendant, without a car driver’s license around 23:03, while under the influence of alcohol of 0.085%, driven a B observer car up to approximately 1 km prior to the Busan F&L police station located in the front of a mutually unclaimed restaurant located in the front of the Busan-gun, Busan-gun.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of an alternative fine for punishment;

1. Considering the fact that the defendant had committed the crime of this case again even though he had committed the same kind of criminal records in the reasons for sentencing under Articles 70 and 69(2) of the Criminal Act, strict punishment against the defendant is required.

However, the punishment as ordered shall be determined by taking into consideration the following circumstances: the Defendant’s mistake is deeply divided, the blood alcohol concentration is not high, and the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and circumstances after the crime, etc.

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