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(영문) 부산지방법원 2013.06.21 2013고합151
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On September 16, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Busan District Court on September 16, 2008. On March 15, 2010, the above court was sentenced to a fine of KRW 2 million for the same crime.

【Criminal Facts】

On October 21, 2012, at around 23:00, the Defendant driven Brox car under the influence of alcohol level of about 0.124% in the section of approximately 3km from the 3km road in the middle-gu Busan Metropolitan City to the salary hospital located in the Dong-dong, Busan Metropolitan City.

As a result, the defendant, even though he had a record of punishment more than twice due to drinking driving, was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Inquiries about the results of the drinking control;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant led to the crime of this case and reflects his mistake, and that the defendant's home condition is difficult to support her mother and child, etc. However, prior to the crime of this case, the defendant has committed the same kind of crime twice prior to the crime of this case, and other circumstances that form the conditions for sentencing revealed in the argument of this case, such as the motive, circumstance, age, personality and conduct of the defendant, etc., shall be determined as per the disposition.

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