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(영문) 부산지방법원 2018.11.29 2018고정1576
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-priced vehicle B.

1. On August 13, 2018, the Defendant, while under the influence of alcohol at around 05:20, the Defendant driven the said vehicle at a 600-meter section from a road in which it is difficult to identify a place below the 0.101% of the fluence of the fluence of Busan Geum-gu, Busan, while under the influence of alcohol at around 05:20 on August 13, 201 to a road front of the solar industry located in the same Gu.

2. The Defendant, without a driver’s license, driven the said vehicle as described in the above 1. Aviation Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. An inquiry of driver's license, inquiry of the results of crackdown on drinking driving, and application of Acts and subordinate statutes reporting the situation of driving under drinking;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (opportune selection);

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Since the application of the sentencing criteria is selected, the sentencing criteria are not applicable. 2. The sentencing criteria are not applied in consideration of the fact that the defendant, who did not obtain a driver's license from the sentencing franchisor, drives a vehicle while drinking, the defendant both led to the confession of the crime and repents his mistake in depth, and the economic situation of the defendant has been changed.

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