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(영문) 광주지방법원 2015.04.09 2015고정374

도로교통법위반(음주운전)

Text

1. Defendant shall be punished by a fine of 5,000,000 won;

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

Reasons

Punishment of the crime

The defendant is the driver of the B CWI car.

On January 6, 2015, the Defendant driven the said car at a section of about 100 meters from the front side of the fire in the Ganju Mine-gu to the front side of the Ganju Motor Vehicle's top-class road located in the Ganju-gu in the same Gu, while under the influence of alcohol by 0.194% of blood alcohol concentration on January 6, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as a report on the state of state of drinking drivers, a response to blood appraisal, and a response to blood regulation;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of three million won to five million won; and

2. Scope of recommending sentencing criteria: Offenses for which the sentencing criteria are not set; and

3. Determination of sentence: Determination of sentence: The sentence shall be determined as ordered in consideration of the fact that the blood alcohol content of the defendant was significantly high by 0.194%, the fact that the defendant was punished by a fine due to a violation of the Road Traffic Act even in 2013, and all kinds of sentencing conditions shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, background of the crime, circumstances after the crime, etc.