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(영문) 부산지방법원 2017.10.18 2017고단4336
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

On May 26, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Busan District Court due to a violation of the Road Traffic Act (drinking driving), and was sentenced to a fine of KRW 3 million on May 10, 2017 by the Busan District Court and the Dong Branch of the Busan District Court.

On May 17, 2017, the Defendant driven a balp motor vehicle under the influence of alcohol content of approximately 0.055% in blood, from the section of about 15km to the front road of about 301 (Nancheon-dong), which is located in the Janju-gun, Ulsan-gun, Ulsan-gun, Ulsan-do, to the front road of the 301 (Nancheon-dong), according to the impulse of Busan-do.

Ultimately, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol by violating it 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: A reply to inquiry, such as criminal history, an investigation report (up to trial on a separate drinking driving case), and application of Acts and subordinate statutes to report an investigation;

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

1. Selection of an alternative fine (such as the reflection of the punishment and the fact that alcohol concentration in the blood is not high) ;

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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