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(영문) 부산지방법원 2018.05.02 2018고정179
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by a fine of three million won;

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

Reasons

Punishment of the crime

On July 31, 2017, the Defendant, while under the influence of around 00:49, 0.113% alcohol concentration among blood, was driven by the Defendant, and driven approximately 50 meters to the roads in front of the hotel book in the same Dong from the roads near the department store in Busan-gu, Busan-do.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

2. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse.

1. Scope of applicable sentences under law: Fines of three million won to five million won; and

2. In this case, the decision of sentence is that the defendant drives a scam under the influence of alcohol level of 0.113% in blood at the heart, and the nature and circumstances of the crime are not good, and the drinking value is also high enough to exceed the revocation standard of the driver's license.

Such crimes are highly likely to undermine the safety of road traffic and cause traffic accidents.

Furthermore, the defendant has been punished for driving under drinking even before.

However, there are also favorable circumstances such as the fact that the defendant recognizes his crime and repents his mistake, that there is no past record of punishment heavier than the fine, and that he takes driving as his occupation.

The above points and other circumstances, such as the defendant's age, sex, occupation, environment, family relationship, motive, method, and result of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.

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