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(영문) 부산지방법원 2017.08.25 2017고정228
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

1. On December 18, 2006, the Defendant is a person who has been punished for a violation of the Road Traffic Act (driving) on more than two occasions, including a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act (driving of alcohol) at the Busan District Court on December 18, 200, and a fine of KRW 5 million at the same court on December 29, 2015, for a violation of the Road Traffic Act (driving of alcohol).

On April 4, 2016, the Defendant driven approximately 20 km from the roads located in Gangseo-gu Busan Metropolitan Government C to the roads located in the Busan Seodong-gu Busan Metropolitan Government, in the influence of alcohol level of 0.064% among the blood transfusion around 16:36.

2. The Defendant violated the Road Traffic Act (unlicensed driving) driven the said vehicle without a driver’s license at the same time and place as paragraph 1.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of regulating driving of drinking, inquiry about the results of driving licenses, and details of revocation of driver licenses;

1. Previous convictions: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, etc., a criminal investigation report by the prosecution (in addition to a summary order - a copy of the summary order No. 2006 ancient district court No. 2006, a copy of the summary order No. 46470, Busan District Court No. 23

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

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