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(영문) 부산지방법원 2013.06.14 2013고합229
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 30, 2012, around 05:20, the Defendant driven a Crenat vehicle under the influence of alcohol 0.207% of alcohol concentration from around 1.5km to the front road of the electric power line located in the city of Seocho-gu Busan, Busan, with the trilet on the road of the trilet in the Gulat-gu, Busan, and the front road of the Gulat-dong, Busan, with the alcohol concentration of approximately 1.5km.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement on the occurrence of traffic accidents;

1. A report on detection of a host driver;

1. The application of Acts and subordinate statutes governing blood alcohol appraisal;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that choose the penalty for the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a driving of a motor vehicle under the influence of alcohol so that the defendant's blood alcohol concentration level reaches 0.207%, and the defendant's liability for the crime in light of the defendant's principal reading level is not somewhat weak.

However, there is no record of criminal punishment except for a crime of violation of the Punishment of Violences, etc. Act in 197, and other factors such as the defendant's age, character and conduct, environment and circumstances after the crime, etc., which are shown in the arguments of this case, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case.

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