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(영문) 부산지방법원 2017.02.16 2016고단8208
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by a fine of seven million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

[criminal history] On February 26, 2007, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million due to a violation of the Road Traffic Act at the Busan District Court, and on May 23, 2012, the Defendant was issued a summary order of KRW 3.5 million with a fine of KRW 3.5 million due to a violation of the Road Traffic Act at the Changwon District Court.

[Criminal facts] On November 27, 2016, the Defendant driven BE-ray motor vehicles at a distance of about 5km from the place near the old-gu Gamdong to the Southern-gu Ham-dong, Nam-gu, Seoul Special Metropolitan City, under the influence of alcohol content of 0.083% in blood around 08:55 on November 27, 2016.

As a result, the Defendant violated the prohibition of drinking driving regulations twice and drives a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of the provisions of the Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (1) (Selection of a fine in consideration of the sentencing conditions, such as driving hours, background, alcohol volume, Defendant's previous offense, etc.);

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

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

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