logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.11.17 2016고정2839
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On October 13, 2009, the Defendant was sentenced to a summary order of one million won or more due to a violation of the Road Traffic Act (driving) in the Busan District Court's branch court, and on December 19, 2013, the Busan District Court issued a summary order of two million won or more due to a violation of the Road Traffic Act (driving). On November 3, 2016, the Defendant was sentenced to a suspended sentence of two years for an injury from the Busan District Court on June, 2016. The judgment became final and conclusive on November 11, 2016.

On December 26, 2014, at around 08:04, the Defendant driven a B K5 vehicle at a distance of about 15km from around 15km to the front of the Clintopian located in Geum-gu, Busan, Seopo-dong, Busan, under the influence of alcohol concentration of 0.052%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each traffic accident in C, D, E, or F;

1. The report on the entry of the driver from the home and the report on the statement of the driver from home to home;

1. A traffic accident report;

1. Previous records: Criminal records, results of confirmation of the previous records, reports on the results thereof, each judgment, and application of Acts and subordinate statutes to the Konet case search results;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. The punishment shall be mitigated, considering all circumstances, such as equity with the case of concurrent crimes when the judgment is rendered simultaneously with the crime of injury which has become final and conclusive in the judgment, equity with the case of the defendant's blood alcohol concentration and the fact that the defendant's blood alcohol density did not greatly meet the punishment standards, and the defendant reflects the defendant's mistake in depth;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow