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(영문) 부산지방법원 2017.02.21 2016고단8349
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On October 2, 2006, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Busan District Court, and on December 28, 2007, the Defendant was issued a summary order of KRW 1,50,000 as a fine for the same crime at the same court.

On December 3, 2016, the Defendant, while under the influence of alcohol content of 0.066% from blood transfusion around 06:04 on December 3, 2016, was driving B Poter truck in the section of about 5km from the day before the mutually influent bath road in the Kimhae-si, Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (referring to the same previous convictions);

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

1. Although the crime of this case was committed two times due to driving of drinking alcohol for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the punishment as ordered is determined by comprehensively taking account of the following factors: (a) although the crime of this case was committed; (b) there is a history of criminal punishment exceeding the fine; (c) there is no record of criminal punishment exceeding the fine; (d) the Defendant’s age, sex behavior, environment, circumstances leading to the crime; and (e) circumstances after the crime.

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