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Reasons
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(영문) 부산지방법원 2017.12.22 2017고단5434
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On January 6, 2012, the Defendant was sentenced to a suspended sentence of one year for a crime of violating the Road Traffic Act at the Busan District Court, and was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act. On September 16, 2015, the Defendant was sentenced to one year for a crime of violating the Road Traffic Act.

On October 28, 2017, around 06:42, the Defendant driven a B-A4-car in the state of alcohol with approximately 500 meters alcohol concentration at approximately 0.068% from the 4-dong B-dong B-dong luxurel road in Busan Metropolitan City to the front road of the same business bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to an investigation report (verification of previous records);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. Although the criminal procedure of the provisional payment order had a record of being sentenced twice to criminal punishment for the same crime as the sentencing of Article 334(1) of the Criminal Procedure Act, the crime of the instant case is not less than the one committed during the period of repeated crimes despite being well aware of the record of criminal punishment, and in addition, the crime of the instant case is less than the one committed by mistake and reflects the fact that the amount of drinking is less than 0.1%, the Defendant’s age, sex behavior, environment, background leading to the crime, circumstances after the crime, etc. shall be determined as ordered by taking comprehensive account of the following factors.

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