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(영문) 부산지방법원 2017.03.21 2017고단344
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On December 17, 2016, the Defendant driven a B-ri vehicle at approximately 100 meters away from the 100-meter section of the B-ri-ri-dong, Busan-gu, Busan-do, to the Jinyang-do, an Eastern-do, Busan-dong, with a alcohol content of 0.110% while under the influence of alcohol during blood transfusion around 05:35.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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

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

1. Although there was a history of two times of criminal punishment due to driving of drinking alcohol for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the nature of the crime in this case is not somewhat weak, but there is no record of criminal punishment exceeding the fine, and other factors such as the defendant's age, sex, environment, circumstances leading to the crime, and circumstances after the crime shall be comprehensively taken into account.

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