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(영문) 부산지방법원 2017.02.09 2016고단7715
도로교통법위반(음주운전)
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1. The defendant shall be punished by a fine of six million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

[2] On March 29, 2002, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Gwangju District Court on December 13, 2002 and issued a fine of KRW 1 million for a violation of the Road Traffic Act at the same court on December 13, 2002, and on October 22, 2009, issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court on October 22, 2009 and issued a summary order of KRW 4 million for a violation of the Road Traffic Act at the Busan District Court on July 8, 2014.

[Criminal facts] On November 25, 2016, the Defendant driven an Eone Starex vehicle from approximately 500 meters at a distance of about 0.057 meters from the front road of the Busan Geum-gu to the front road of the D kindergarten located in C, while under the influence of alcohol content of at least 0.057% during blood transfusion around 06:00.

As a result, the Defendant violated the prohibition of drinking driving regulations twice and drives a motor vehicle under the influence of alcohol again.

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 inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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

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

3. The sentence shall be determined as ordered in consideration of the sentencing conditions, such as the fact that there is a high possibility of criticism due to repeated driving of drinking for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, but there is no less punishment than imprisonment without prison labor or heavier punishment for the same crime, the amount of alcohol is relatively high, the fact that the amount of alcohol is against the defendant, the age of the defendant, sexual behavior, environment, etc.

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