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(영문) 부산지방법원 2016.04.21 2016고정379
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 13, 2008, the Defendant was punished by a fine of 1.5 million won for a violation of the Road Traffic Act at the Busan District Court on May 13, 2008, and a fine of 5 million won or more for a violation of the Road Traffic Act at the same court on October 14, 2010.

Nevertheless, the Defendant, while under the influence of alcohol content of around 22:45 on October 25, 2015, driven a BM7 car from around 5 meters from the thought CY parking lot located in Busan 108 square to the front road of the same parking lot entrance, under the influence of alcohol content of 0.216%.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of the driver involved in driving and inquiring about the results of crackdown on drinking;

1. Application of Acts and subordinate statutes to inquire about criminal history;

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 53 and Article 55(1)6 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201)

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

1. The punishment shall be determined as per the disposition, in consideration of the following: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act is difficult to be the economic situation of the defendant; (b) the fact that the defendant misleads the defendant; (c) the driving distance is not clear; and (d) the circumstances leading to driving, etc.

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