beta
(영문) 광주지방법원 2017.04.27 2017고정406

도로교통법위반(음주운전)등

Text

The sentence against the accused shall be determined by a fine of KRW 4,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is the driver of the freezing tower B ton.

The Defendant, without a driver’s license on March 13, 2017, driven the said vehicle on the road at approximately 5 km from around the Southern-gu Southern-dong mayor located in Gwangju-gu to the front of the Pungwon in the same city, while under the influence of alcohol leveling to 0.117% during blood transfusion around 23:30 on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Inquiries into the ledger of driver's licenses and the application of Acts and subordinate statutes of next time inquiry;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant 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. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, the background and result of the instant crime; and (b) the circumstances after the instant crime, etc., the sentence is determined as ordered.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

The defendant has a record of being sentenced to a fine once due to drinking.