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(영문) 부산지방법원 동부지원 2016.11.14 2016고단1703
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

Criminal power is sentenced to a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Busan District Court on November 5, 2008, and on January 6, 2015, the defendant was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act in the same court on January 6, 2015 and was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act. The judgment becomes final and conclusive on January 14, 2016.

Criminal facts

On September 4, 2016, at around 21:29, the Defendant driven a DMW 520d car under the influence of alcohol content 0.063%, without obtaining a driver’s license, from around 10 meters in front of the frequency in which it is impossible to identify the name located in the Daegu Northern-gu, Daegu-do road to the front of the arms located in the same Dong, and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement in the circumstances of an employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of criminal records and investigation reports (informative reports on criminal records of the same kind of criminal records as suspects);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant's crime of this case is heavy in view of the fact that he did not know even though he was under the period of suspension of execution due to the same criminal record and did not go again. However, the defendant's confession, the fact that the blood alcohol concentration is relatively low and the driving distance is a short distance, and the defendant's movement of the vehicle in front of the restaurant upon the request of the delivery of the vehicle that the defendant parked in front of the restaurant, which led to the crime of this case.

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