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(영문) 광주지방법원 2016.11.24 2016고단3688

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by a fine of 6,00,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

1. On July 28, 2016, the Defendant was under the influence of alcohol at around 07:10 on July 28, 2016, the Defendant driven B Poter truck from the front of Heung Apartment apartment located in the non-child of Gwangju Mine-gu to the end of the GowingIC road located in the cultural passage of Gwangjubuk-gu, with the alcohol level of 0.081%.

2. On August 23, 2016, the Defendant violated Article 44(1) of the Road Traffic Act, such as driving a motor vehicle under the influence of alcohol content 0.081% as stated in paragraph (1), at the Gwangju District Court on July 17, 2012, by issuing a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act.

Nevertheless, the Defendant, while under the influence of alcohol around 20:43 on August 23, 2016, driven C Costkex vehicle from the front day of the shooting distance to the front road of the race car located in the same air transport network in Gwangju-gu, Gwangju-gu, with the alcohol concentration of 0.097%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of each drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous convictions: References to criminal records and application of statutes governing written judgments;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of drinking under paragraph (1) at the time of driving), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking under paragraph (2) at the time of driving), and selection of each fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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, even though the person has been punished for a drunk driving in 2012 for the reason of sentencing under Article 334(1) of the Provisional Payment Order, running a drunk driving repeatedly: Provided, That there is no other penal power except the above one fine, and the blood alcohol density, the defendant's age, character and behavior, environment, the background of the crime, circumstances after the crime, etc.