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(영문) 광주지방법원 2015.04.09 2015고정320

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

On December 29, 2014, at around 08:38, the Defendant, while drunk with alcohol content of 0.23% 0.23%, driven B-rolling stock in approximately 3km section from the mpry field near the Yaeong-gun, Young-gun to the road located in the same Eup/Myeon.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver and the report on detection of a host driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 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 five million won to ten million won;

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

3. Determination of sentence: The blood alcohol content of the accused of a fine of five million won has been significantly high by 0.233%: Provided, That the sentence shall be determined as ordered in consideration of the fact that the accused has no record of punishment for the same kind of crime, and all kinds of sentencing conditions shown in the pleadings of this case, such as the accused's age, character and conduct, environment, details of the crime and circumstances after the crime, etc.