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(영문) 부산지방법원 2017.11.15 2017고정1658
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On November 20, 2013, the Defendant issued, at the Busan District Court, a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), and on October 29, 2014, a summary order of KRW 3 million for the same crime, etc. at the same court.

On April 14, 2016, the Defendant violated the provision on prohibition of driving under the influence of alcohol twice or more, and operated GTS125 Obaba, without a motor device license, at approximately 1km section from around 03:40 on April 14, 2016 to around the international white apartment located in the same Gu, from around 03:40 on April 14, 2016.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 154 subparagraph 2 and 43 (the point of driving without a license) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

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

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