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(영문) 부산지방법원 2016.05.12 2016고정1240
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On December 27, 2015, the Defendant driven B vehicles at approximately five meters at a distance of about 103 meters within the 103-dong parking lot, Taecheon-gu, Busan, Seocheon-dong, under the influence of alcohol content of 0.102% during blood transfusion around 10:34.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Application of Acts and subordinate statutes to a criminal investigation report (at the time of mobilization), investigation report (road), and investigation report;

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

1. Articles 53 and 55 subparag. 3 of the Criminal Act for the Reduction of Small Quantity (Article 55 subparag. 1 subparag. 3) (Article 53 and subparag. 55 subparag. 1 subparag. 3 of the same Act (Article 55 subparag. 3 of the same Act), which moved a vehicle within the apartment parking lot upon the Defendant’s request to move a vehicle to a director who is under drinking at the house, and the employee of the said center and the pilot expenses were discovered and was discovered through a report to the police, and there are circumstances to be considered in the process of driving and the process of regulating the vehicle; the location where the Defendant operated the vehicle is relatively insignificant in the apartment parking lot; the degree of harm to the general public due to the Defendant’s driving by the Defendant’s act;

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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