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(영문) 부산지방법원 2013.03.29 2012고합1178
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding seven thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal power] On May 11, 2007, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Busan District Court’s branch branch branch, and KRW 2 million as a crime of violating the Road Traffic Act (driving on May 30, 201) in the same court.

【Criminal Facts】

1. On October 11, 2012, the Defendant: (a) committed the crime of drunk driving twice or more as above; and (b) again, on October 23:10, 2012, the Defendant driven DK5 car under the influence of alcohol with a blood alcohol content of about 0.14% at the 200-meter section before the National Pension Management Corporation located in the YY-dong of Busan City, from the Do, where it is impossible to identify the trade name in the YG-dong of Busan on October 11, 2012.

2. On November 15, 2012, the Defendant: (a) committed a crime of drinking alcohol twice or more as above; and (b) thereafter, on November 15, 2012, the Defendant driven the said car under the influence of alcohol with a blood alcohol content of about 0.149% at the section of approximately 3 km from the Do in front of a State where it is impossible to identify the trade name located in the 01:15 Sinsandong-gu, Busan on November 15, 2012.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. Each host driver's report on detection of such driver (before the date of marketing);

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to investigation reports (reports accompanied by indictments and summary orders);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the occupation of driving under influence and the selection of fines on October 11, 2012), 148-2 (1) 1, and 44 (1) of the Road Traffic Act (the occupation of driving under influence on November 15, 2012 and the choice of imprisonment);

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (with respect to the crime of violation of the Road Traffic Act on November 15, 2012, considering favorable circumstances deemed to be followed);

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

1. As to the suspended execution, Articles 62(1) and 62(2) of the Criminal Act (as to the case of repeated circumstances considered in the front and rear)

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