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(영문) 광주지방법원 2014.02.12 2013고단6047

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On March 30, 2007, the Defendant was issued a summary order of one million won as a crime of violation of the Road Traffic Act at the Gwangju District Court, and on October 19, 2007, the Defendant was issued a summary order of one million won as a fine for the same crime at the same court on October 19, 2007, and on April 1, 2008, the same court was sentenced to two years of imprisonment with prison labor for a violation of the Road Traffic Act, and was sentenced to ten months of imprisonment with prison labor for a violation of the Road Traffic Act on May 27, 201.

At around 23:20 on November 10, 2013, the Defendant driven approximately 170 meters from the entrance of the Hean Park located at 677-24, Gwangju Northern-dong, to the inside of the same car theater in the same park while under the influence of alcohol content 0.09% of alcohol content.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A written report from an employee of an employer;

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports, dispositions and confirmation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is that the defendant should be punished strictly in that he/she did not know even though he/she is a repeated offender due to the same criminal record, and even if he/she comes to commit the crime of this case, he/she does not repeat the crime. However, the defendant is taking into account the defendant's life in his/her depth through confinement for about two months, the circumstances such as the circumstance, place, distance, etc. of the driving under the influence of alcohol of this case, and other various sentencing conditions such as the defendant's age, character, conduct, environment, etc. are considered. It is so decided as per Disposition.