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(영문) 부산지방법원 2012.10.23 2012고단6842
도로교통법위반(음주운전)등
Text

Defendant

A A A shall be punished by a fine of three million won, and Defendant B shall be punished by imprisonment for six months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. On August 7, 2012, at around 01:48, Defendant A, while drunk with a blood alcohol content of 0.121%, was driven by the Busan Jin-gu document, Busan, which was driven by approximately KRW 1m (1m).

2. Around August 7, 2012, Defendant B driven D K5 cars at a 0.067% alcohol concentration at a 01:47% alcohol level in Busan-dong, Busan-dong, to the front of the same Dongyang-dong parking lot.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each host driver report;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of CCTV at an accident site);

1. Article applicable to criminal facts;

(a) Defendant A: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (to select a fine in consideration of the following factors: the fact that the Defendant is driving, the Defendant reflects the crime, the Defendant does not have the criminal power, except before one fine is imposed; the degree of damage in this case is relatively minor);

(b) Defendant B: Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the act of running a sound driving) (the defendant does not appear to deny the initial crime and reflect the crime, and the defendant has two times or more of the same criminal records)

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Article 57 of the Criminal Act for inclusion of days of pre-trial detention;

1. Defendant B of a suspended sentence: Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act);

1. Defendant B who received an order to provide community service or attend a lecture: Article 62-2 of the Criminal Act;

1. Defendant A of the provisional payment order: The dismissal of prosecution pursuant to Article 334 (1) of the Criminal Procedure Act

1. On August 7, 2012, the summary of the facts charged is as follows: (a) the Defendant, in the form of a document around 01:48, was parked in the rear part of the Defendant’s driver’s vehicle in the front side of the Dongyang Park-gu, Busan, while driving the C Freight at approximately one meter later; and (b) the Defendant was negligent in driving the C Freight while under the influence of alcohol and without sufficiently examining it.

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