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(영문) 부산지방법원 2016.03.18 2016고정332
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 21, 201, the Defendant issued a summary order of KRW 2.5 million for a violation of road traffic law (drinking driving), and on September 3, 201, the Busan District Court issued a summary order of KRW 2 million for the same crime at the Busan District Court.

However, on October 28, 2015, the Defendant, while under the influence of alcohol level of 0.115% among blood transfusion around 22:40, driving a BM5 car at a 1km section of approximately 1km to the front of the 3-dong, Northern-gu, Busan, and without a driver’s license, on the road located in the 1-km-dong, north-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against C;

1. Report on the circumstances of a driver who is in charge of driving and the result of regulating drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report;

1. Article 148-2 (1) 1, Article 44 (1) (the point of driving a person who has been engaged in drinking not less than twice in drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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