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(영문) 부산지방법원 2016.11.25 2016고단6174
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,500,000.

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

Reasons

Punishment of the crime

On March 12, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act by the Daegu District Court. On October 28, 2010, the Defendant was issued a summary order of KRW 2.5 million for the same crime.

On October 09, 2016, the Defendant was under the influence of alcohol content of 0.098% on blood alcohol content at around 03:55, the Defendant driven BM3 car at a section of about 20 meters from the front day of the Jinju City City in Seo-gu, Seo-gu, Busan to the front day of the coast of the Dong to the front day of the ocean frequency of the same location through the Korean War.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. The fact that there is no record of criminal punishment exceeding 0.1% since the fact that the drinking alcohol level is less than 0.1% of the fine as well as the fact that the defendant's age, character and behavior, environment, circumstances leading to the crime, circumstances after the crime, etc. are recognized as having a favorable record of two times of criminal punishment due to a normal drinking driving unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, and there is no record

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