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(영문) 부산지방법원 2017.08.22 2017고단3169
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On August 18, 2009, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Traffic Act at the Busan District Court on the road, and on November 13, 2015, a fine of 5 million won for a crime of violating the Traffic Act at the Busan District Court on the road at least two occasions, respectively.

On June 10, 2017, around 06:41, the Defendant driven a B Kazon vehicle while under the influence of alcohol content 0.070% from the 52-9-gil, Nam-gu, Busan-gu, Busan-do, to the 7km-ro, Busan-gu, Busan-do, and the 7km-ro.

As a result, although the Defendant had a drinking driving force on more than two occasions, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of two separate Acts and subordinate statutes of the judgment;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. Although there was a history of two times criminal punishment due to driving of alcohol for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) although the crime of this case was committed and the liability for the crime is less than twice; (b) the degree of drinking is less than 0.1%; (c) the drinking value is less than 0.1%; (d) there was no record of criminal punishment exceeding the fine; and (e) the Defendant’s age, sex behavior, environment, circumstances leading to the crime, and circumstances after the crime.

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