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(영문) 광주지방법원 2017.02.09 2016고단4983

도로교통법위반(음주운전)

Text

1. Defendant shall be punished by a fine of KRW 9,000,000.

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

[criminal history] On May 30, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Gwangju District Court on May 30, 200 and KRW 2 million for the same crime at the same court on February 18, 201.

[2] On November 7, 2016, the Defendant driven a FK3 vehicle from the 2km section to the road in Gwangju Mine-gu, Seoul, with a alcohol content of 0.093% at around 21:30,000, the Defendant driven a FK3 vehicle from the 2km section to the road in front of the same Gu gold-ro 92.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and investigation reports (the text of the judgment and report accompanied by a summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) 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. In full view of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions of the Defendant’s age, sexual conduct, environment, circumstances after the commission of the crime and all other factors revealed in the pleadings of the instant case shall be determined as per the order (the sentencing criteria for selecting fines shall not apply). Unfavorable circumstances: (a) there is a record of being punished twice by a fine due to drinking alcohol driving as stated in the reasoning of the judgment.

On October 14, 2016, the Gwangju District Court sentenced one year and six months of imprisonment for a serious injury, and sentenced two years of probation on October 22, 2016, which became final and conclusive on October 22, 2016, committed the instant crime without being aware of the fact that the judgment was under probation.

The favorable circumstances are against the principle of good faith.

The instant crime did not lead to a traffic accident.

In addition to the above two-time fines, there is no record of being punished for drinking driving.

The alcohol concentration in blood did not reach the revocation value of the license (0.1%).