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(영문) 부산지방법원 2016.06.24 2012고합769
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Criminal facts

On July 30, 2012, at around 06:35, the Defendant driven CM5 car under the influence of alcohol leveling 0.204% from around 500 meters to the roads of the fire headquarters located in the Seosan-dong of Busan, Seosan-gu, Busan, to the roads located in the same Dong.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Application of Acts and subordinate statutes to a statement on the circumstances of a driver placed in the main place and a report on detection of such driver;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act are not set. The case is acknowledged as follows: (a) the Defendant driven a motor vehicle while under the influence of alcohol by 0.204% in blood; (b) the case is not weak in light of the blood alcohol concentration level; (c) the Defendant caused the contact accident involving the parked vehicle while driving the motor vehicle; and (d) the Defendant had the history of criminal punishment for driving the motor vehicle even before.

On the other hand, it is also recognized that there are circumstances such as the fact that the defendant recognizes all of his criminal acts, the distance of drinking driving is not so long, the damage caused by traffic accidents, the insurance money is deemed to have been paid to the damaged vehicle, and the considerable period has elapsed from the date of the crime.

In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in the pleadings of this case, such as the age, sex, environment, family relationship, and circumstances after the crime.

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