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(영문) 부산지방법원 2013.10.22 2013고단2779
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 5, 2012, the defendant was sentenced to a suspended sentence of 8 months at the Busan District Court for a violation of the Road Traffic Act, etc., and the judgment became final and conclusive on June 13, 2012.

On May 25, 2009, at around 02:40, the Defendant driven a B observer car under the influence of alcohol concentration of 0.067% without a vehicle driver’s license from the road near the south-dong of Tong-si to the road in front of the Taeyang-dong in the smooth-dong of Tong-gu, Tong-si.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A written report from an employee of an employer;

1. Details of disposition for cancellation of driver's license;

1. Before ruling: Criminal records, printed materials of screen pictures, and application of Acts and subordinate statutes of a copy of judgment;

1. Article 150 Subparag. 1, Article 44(1) of the former Road Traffic Act (Amended by Act No. 9580, Apr. 1, 2009); Article 152 Subparag. 1, and Article 43 of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act requires equitable consideration in cases where a person simultaneously decides a crime of violating the Road Traffic Act, etc. for which the judgment and the instant case became final and conclusive, taking into account the motive, background, means and methods of the instant crime, circumstances before and after the instant crime, and other various circumstances, including the Defendant’s age, character and conduct, career, and environment, as shown in the instant argument, shall be determined as per Disposition.

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