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(영문) 광주지방법원 순천지원 2017.11.16 2017고단1674

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 16, 2017, at around 21:30, the Defendant driven a B rocketing car under the influence of alcohol concentration of 0.113%, without obtaining a driver’s license in a section of about 10 meters from the front of a restaurant in front of the same cafeteria to the front of the water gate located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Articles 152 subparagraph 1 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. On December 26, 2016, the Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, received a summary order of KRW 3 million for a crime of violation of Road Traffic Act (driving alcohol) from the Gwangju District Court’s Net Branch on December 26, 2016. However, since the instant crime was committed for not less than one year thereafter, the risk of recidivism is not low.

However, in consideration of the defendant's age, environment, drinking volume of this case, driving distance, occupational danger, etc., the same fine as the order shall be determined.