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(영문) 부산지방법원 2017.11.17 2017고단5141
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,500,000.

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

Reasons

Punishment of the crime

On May 26, 2008, the Defendant received a summary order of KRW 700,000 from the Jung-gu District Court to a fine for a violation of the Road Traffic Act (drinking driving), and on May 15, 2009, to a fine of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving), respectively.

On October 15, 2017, the Defendant driven a B-man car under the influence of alcohol content of approximately 0.075% in the front of the same Gu-style public parking lot from around 100 meters to the front of the same Gu-style public parking lot, from around 22:42 on October 15, 2017, even though he had a history of driving alcohol twice or more as above.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes of summary order;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although there was a history of two times criminal punishment due to driving of alcohol for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) although the crime of this case was committed and the liability for the crime is less than twice; (b) the degree of drinking is less than 0.1%; (c) the drinking value is less than 0.1%; (d) there was no record of criminal punishment exceeding the fine; and (e) the Defendant’s age, sex behavior, environment, circumstances leading to the crime, and circumstances after the crime.

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