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(영문) 부산지방법원 2018.09.19 2018고정1062
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by a fine of three million won;

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

Reasons

Punishment of the crime

On August 25, 2017, the Defendant driven a BSM (SM)-6 car under the influence of approximately 0.105% of alcohol concentration among blood transfusions on August 25, 2017, and driven the road in front of the “Korea FDra,” which is 692 o 16 p.m. at the center of Busan Jin-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

2. A protocol concerning the interrogation of each police suspect against C, D, or E;

3. Statement made by the police with regard to F;

4. Notification of the results of regulating drinking driving;

5. Application of the closed circuit television (CCTV) video-related Acts and subordinate statutes contained in the CDs.

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

2. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse.

1. Scope of applicable sentences under law: Fines of three million won to five million won; and

2. In this case, the decision of sentence shall be deemed to have driven a vehicle under the influence of alcohol level of 0.105% on the new wall by the Defendant, and the nature and circumstances of the crime and the degree of drinking are not good, and the degree of drinking level shall also exceed the criteria for the revocation of driver's license.

Such crimes are highly likely to undermine the safety of road traffic and cause traffic accidents.

Furthermore, the Defendant was sentenced to imprisonment with labor for one year and six months on October 30, 2015 due to forced indecent act, and the execution of the sentence was completed on November 16, 2016, and again committed the instant crime within the repeated crime period, and was sentenced to a fine for violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury).

However, there are favorable circumstances such as the fact that the defendant recognizes his crime and repents his mistake, and that there is no record of punishment due to drinking driving.

The above points and other circumstances, including the defendant's age, sexual conduct, environment, family relationship, motive, method, and result of the crime, and the circumstances after the crime, shall be determined as the sentence as ordered by considering the following circumstances.

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