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(영문) 광주지방법원 2017.09.07 2017고단3133

도로교통법위반(음주운전)

Text

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On July 9, 2017, the Defendant driven B-learning car at a section of about 3 km from G-dong, Gwangju-dong, to G-dong, Gwangju-gu's coefficient shooting distance, while under the influence of alcohol concentration of 0.072% among blood transfusion around 21:45.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire into the circumstantial statements of drivers of drinking alcohol and the results of crackdown on drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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 through the treatment of alcohols.

Unfavorable circumstances: The Defendant has been sentenced to a fine twice due to drinking driving and a non-licensed driving (2005, 2006, 2015).