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(영문) 부산지방법원 동부지원 2012.08.17 2012고합214
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

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

Reasons

Punishment of the crime

On August 25, 2006, the Defendant was a crime of driving a fine of 700,000 won or more in Busan District Court's Dong Branch for a violation of the Road Traffic Act. Around August 23, 2006, the Defendant was a person who driven a B car under the influence of alcohol of 0.065% or more of alcohol concentration on August 3, 2006. In March 20, 2008, a summary order of 500,000 won or more of a fine for the same crime from the same support was issued on February 23:40, 208, while driving a 0.05% of blood alcohol concentration on around 49cc. The Defendant was a person who violated Article 44(1) of the Road Traffic Act at least twice in front of Busan District Court's 50% or more of alcohol concentration on April 23, 2012.

Summary of Evidence

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement of the status of a driver of the police station, statement of the situation, and statement of the results of the drinking driving control, each entry into the police station;

1. Previous records: Application of each statement (including attached documents) of inquiry inquiry into police preparation and investigation report (including documents about a suspect A's drinking driving experience);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of applicable sentences under law] 2.5 million won to 5 million won (a decision of sentence] 2.5 million won to a fine 2.5 million won to a fine 2.5 million won to a fine 2.5 million won to a defendant again committed the instant crime even though he had a record of being punished twice due to a drunk driving like the statement of all facts. The current Road Traffic Act aims to prevent a drunk driving that threatens road traffic safety and to shoulder the awareness of it.

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