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(영문) 부산지방법원 2017.10.19 2017고단3704
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On July 9, 2008, the Defendant is a person who has been sentenced to a fine of one million won or more as a crime of violating the Traffic Act at the Busan District Court on July 9, 2008, and a fine of one million won or more as a crime of violating the Traffic Act at the Busan District Court on April 25, 2012.

On July 18, 2017, at around 06:31, the Defendant driven B rocketing car under the influence of alcohol concentration of approximately 0.077% from the 1km section to the roads in front of the beginning of the same Gu, from the 1km section to the roads in front of the Korean bank located in the same Gu.

As a result, although the Defendant had a drinking driving force on more than two occasions, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of Acts and subordinate statutes of two copies of a summary order, such as a report on internal investigation (as to driving force of a suspect), a written inquiry about criminal history, etc. (A), a report on investigation (as to the previous conviction of the same kind of drinking);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving), and the selection of fines concerning the crime;

1. In addition to the previous convictions indicated in the reasoning of sentencing of Articles 70(1) and 69(2) of the Criminal Act, the previous convictions of fines due to driving under influence of alcohol in 2001 and the previous convictions of fines due to driving without licenses are added once every time.

However, the above previous convictions have been considerably long, and the case also occurred after five years have passed since the last drinking of 2012.

이 사건 당시 피고인의 주 취 정도가 아주 중하지는 않았고, 전날 마신 술이 깼을 것이라 생각하고 이 사건 운전을 한 것으로 보인다.

The punishment as ordered shall be determined in consideration of such circumstances and the defendant's reflection of crimes, and the age, character and conduct, environment, etc. of the defendant and the conditions of sentencing as shown in the trial process.

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