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Reasons
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(영문) 부산지방법원 2018.04.19 2017고단6397
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 2 million for a crime of violating the Road Traffic Act in 2013, and a fine of KRW 5 million for a crime of violating the same Act in 2015, and violated the prohibition of drinking regulations twice.

[2] On October 1, 2006, the Defendant driving a Cice A car and driven the said car at approximately one kilometer distance from the parking lot on the ground of the Gancheon apartment located in Busan-dong, Busan-dong to the global loan log located in the same Gu, Busan-dong, to the global loan log in the same Gu, on or after October 04:36, 2017, and violated the prohibition of driving three times after June 1, 2006, by driving the said car under the influence of alcohol concentration 0.129 percent.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving a vehicle at home, report on the circumstances of the driver at home, investigation report (report on the circumstances of the driver at home), inquiry into the results of crackdown on the driving of drinking, notification of the results of crackdown on the driving of drinking, the ledger of driver's licenses, and making an inquiry into the vehicle;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Sentencing as ordered by taking into account the following circumstances: (a) the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is divided into two parts; and (b) the Defendant has no record of criminal punishment otherwise except the past record of violating the Traffic Act on two occasions before this case.

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