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(영문) 부산지방법원 2012.09.18 2012고합754
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 8, 2010, the Defendant issued, at the Busan District Court, a summary order of KRW 1 million for a crime of violation of the Road Traffic Act, and at the same court on November 9 of the same year, a summary order of KRW 3 million for a crime of violation of the Road Traffic Act.

On April 29, 2012, around 06:40 on April 29, 2012, the Defendant driven a B radar under the influence of alcohol content of about 0.098% from the section of approximately 2 kilometers from the street in front of the Bank of Korea located in the Busan Jindong-dong, Busan to the king Dondong-dong, Busan, and the front day of the restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment of the defendant in light of the following: (a) although the defendant had a history of criminal punishment on two occasions due to a drunk driving, he/she committed the instant crime of the same kind; (b) the quality of the instant crime is not weak; (c) the instant crime causes traffic accidents; and (d) the revision of the Road Traffic Act strengthens punishment for the crime of drunk driving.

However, it is decided as ordered in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, environment and circumstances after the crime, etc., which are against the defendant's wrong judgment, and there is no criminal record exceeding the fine, etc.

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