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(영문) 부산지방법원 동부지원 2012.12.28 2012고합428
도로교통법위반(음주운전)
Text

A defendant shall be punished by a fine of 10 million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On September 14, 2007, the Defendant: (a) at the Busan District Court’s branch, driven B truck with a fine of two million won under the influence of alcohol of 0.135% without a driver’s license on August 23, 2007; (b) on November 8, 2010, a fine of four million won for the same crime under the influence of alcohol of 0.135% on the road without a driver’s license on August 23, 2007; (c) around 01:50 percent of alcohol concentration of 0.132% on the road without a driver’s license on September 12, 2009; (d) a person who driven C truck with a freight vehicle under the influence of 0.132% on the road without a driver’s license on January 28, 201; or (e) a person who was sentenced to a fine of five million won on May 25, 2009 on the road without the driver’s license on January 28, 2015.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement made by the police about D's written statement; and

1. Entry of report on detection of a senior driver prepared by the police and report on the circumstantial statement of the senior driver; and

1. Statement of investigation report (including extra investigation) and video (including attached documents) of police preparation;

1. Previous records: Application of Acts and subordinate statutes (including attached documents) of inquiries into police preparation and an investigation report (including previous records and judgment, etc.) prepared by the prosecution;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 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 of the provisional payment order [the scope of applicable sentences under the law] The current Road Traffic Act of which a fine of 5 million won to 10 million won is the current fine of 10 million won.

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