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(영문) 부산지방법원 2018.08.10 2018고정894
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by a fine of 3.5 million won;

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

Reasons

Punishment of the crime

On February 18, 2018, the Defendant driven a 7-car under the influence of alcohol level of approximately 0.17% from blood alcohol level around 22:10, and driven around approximately 200 meters from the roads near the gravel market located in Busan Jung-gu to the roads in the same Dong.

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 shall be deemed to have driven a vehicle while under the influence of alcohol content of 0.17% during night, and the nature and circumstances of the crime are not good, and the drinking value exceeds 0.1% which is the criteria for cancellation of driver's license, and shall be higher than 0.2%.

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

However, there are also favorable circumstances such as the fact that the defendant recognizes his crime and repents his mistake, the fact that there is no history of criminal punishment, and the fact that he seems to support his wife and children, except for minor fines imposed on one occasion due to a violation of the Food Sanitation Act.

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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