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(영문) 광주지방법원 2017.06.15 2017고단1298

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On March 12, 2017, around 23:44, the Defendant driven C in the state of alcohol alcohol concentration of approximately 0.05% from the 110km section from the 110km section to the Dog-dong in the Dogdong-dong of Gwangju to the roads adjacent to the Dog-dong of the Dog-dong of the Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of the driver at home;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Article 34(1) of the Criminal Procedure Act of the Provisional Payment Order / A prosecutor was indicted by applying Article 148-2(1)1 of the Road Traffic Act, which means two or more times of drinking driving regulations, but the contents of criminal records are not stated in the facts charged. Also, even if the defendant's criminal records are examined, the crime of this case is only sentenced to a fine of 2.5 million won on or after January 15, 2010 (including the investigation experience, such as the suspension of indictment for driving after June 1, 2006) and is not subject to Article 148-2(1)1 of the Road Traffic Act, and Article 148-2(1)4 of the Road Traffic Act provides that "the person who violated Article 148-2(1)1 of the Road Traffic Act, which means that "the person who violated Article 148-2(1)4 of the Road Traffic Act is not subject to the same crime after drinking, and Article 148-2(1)5)4(6) of the current Road Traffic Act.