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(영문) 부산지방법원 2014.11.12 2014고정3951
도로교통법위반(음주운전)등
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 July 17, 2008, the defendant was sentenced to a fine of two million won for the crime of violation of the Road Traffic Act at the Busan District Court on July 17, 2008, and on December 15, 2008, the court issued a summary order of 2.5 million won for the crime of violation of the Road Traffic Act at the same court on December 15, 2008 and violated Article 44 (1) of the Road Traffic Act more than twice.

On January 10, 2014, the Defendant, while under the influence of alcohol with 0.096% of blood alcohol concentration around 23:35 on January 10, 2014, without a driver’s license, driven a lusk car in the section of about 500 meters from the front of the restaurant to the front of the Sejong Phosium located in the Seo-gu Busan Metropolitan City, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to report the same kind of power;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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 (1) 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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