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(영문) 광주지방법원 2013.03.12 2013고정208

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On September 30, 2008, the defendant was issued a summary order of KRW 700,000 by the Gwangju District Court for the crime of violation of the Road Traffic Act, and a fine of KRW 1 million by the same court on August 7, 2009.

The defendant is a person who is engaged in driving of the B-Wood vehicle volume.

피고인은 2012. 12. 15. 21:30경 혈중알코올농도 0.145%의 술에 취한 상태로 광주 서구 치평동에 있는 상무먹자골목 ‘신쭈꾸미’ 앞 도로에서 같은 구 유촌동에 있는 상무교 앞 도로까지 약 300m 구간에서 위 차량을 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on circumstantial statements of a driver of the driving school;

1. Previous records: Application of criminal records, etc. inquiry inquiry reports (A)-related Acts and subordinate statutes;

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. The reasons for sentencing under Articles 70 and 69(2) of the Criminal Act are as follows: (a) the Defendant driven a motor vehicle in a significant state of drinking alcohol concentration of 0.145%; and (b) the Defendant repeated the instant crime even though having been punished by a fine twice due to the same type of crime in the past; (c) in light of the fact that the Defendant repeated the instant crime, it is deemed that a strict punishment is necessary for the Defendant; (d) the Defendant repents and reflects his mistake; (e) the Defendant does not have any particular criminal record other than twice the above fine; (e) the distance of the Defendant’s driving is 300 meters and the traffic accident at the time of the said driving; and (e) there was no additional risk, such as the motive, means and consequence of the instant crime; (e) the circumstances after the commission of the crime; and (e) the Defendant’s age, character and behavior; and (e) the various sentencing conditions, etc.