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(영문) 광주지방법원 2013.09.04 2013고정1566

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

On June 16, 2013, at around 07:30, the Defendant driven a car with about 11 km from the front of his house in Gwangju Northern-gu, Gwangju, to the front road in the same middle-dong in the same Gu, while under the influence of alcohol of about 0.137% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. In full view of the fact that the defendant's drinking alcohol level for sentencing of Article 186 (1) of the Criminal Procedure Act bearing the costs of lawsuit is 0.137%, and that the defendant was punished by a fine of 2 million won due to drinking driving even in 2003, and that the defendant was making a traffic accident that causes damage to three parked vehicles as well as driving under drinking and driving under the influence of alcohol, the amount of fine of 3.5 million won under the summary Order cannot be said to be somewhat excessive, and therefore, the sentence shall be determined as per the disposition.