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(영문) 부산지방법원 2013.05.21 2013고정1609
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On September 1, 2006, the defendant was issued a summary order of 1.5 million won by a fine at the Suwon District Court for a violation of the Road Traffic Act (driving). On November 28, 2006, the defendant was issued a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act (driving) at the Ansan District Court's Ansan Branch on November 28, 2006. On November 27, 2007, the defendant was sentenced to a suspended sentence of 5 months by imprisonment for a violation of the Road Traffic Act (driving) at the Ansan District Court's Ansan Branch on November 27, 2007.

On December 17, 2012, at around 01:08, the Defendant driven a B observer car under the influence of alcohol concentration of 0.069% without obtaining a driving license from the section from the intersection of the U.S. located in the Busan East-gu Hot Spring to the entrance of the Mancuk Tunnels, located in the same Dong.

Accordingly, the Defendant violated this more than twice even though he was unable to drive a motor vehicle under the influence of alcohol, and again driven the said motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, report on the status of an employer-employed driver, and report on his/her oral statement, and report on requests for appraisal;

1. Report on the current status of driving without a license, and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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