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(영문) 광주지방법원 2014.04.22 2014고정298

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM5 car.

On October 19, 2007, the Defendant was notified of a summary order of a fine of one million won by drinking driving at the Gwangju District Court, and on November 13, 2009, the Defendant was notified of a summary order of a fine of two million won by drinking driving at the same court.

On January 9, 2014, at around 22:52, the Defendant driven the said vehicle under the influence of alcohol content of 0.051% from the front apartment road located in the Yongsandong-gu Gwangju, Gwangju, to the front road of the Yongsan-dong agency.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records;

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. It is recognized that the reason for sentencing under Articles 70 and 69(2) of the Criminal Act was that the Defendant was declared bankrupt and exempted by the Gwangju District Court 2010Hadan315 and 2010Ma314 of the Criminal Act, and that the Defendant’s drinking level was not higher than 0.051% in relation to driving under influence of alcohol in this case.

However, on the other hand, on October 19, 2007, the defendant was notified of a summary order of KRW 1 million by the Gwangju District Court for drinking driving, and on November 13, 2009, the same court was notified of a summary order of KRW 2 million due to drinking driving. On the other hand, the defendant committed the crime of this case. The amended Road Traffic Act on June 8, 201 stipulates that the prohibition clause on drinking driving is strictly punished if a person who violated the prohibition clause on drinking driving twice or more times again for the purpose of preventing the driving of drinking and overcoming the awareness of the traffic safety, and the maximum amount of a fine of KRW 5 million among the statutory penalty for the crime of this case is defined as KRW 5 million.