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(영문) 광주지방법원 2016.03.17 2016고단118

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 19, 2015, the Defendant driven D Poter truck under the influence of alcohol leveling 0.077% from approximately 10m to the front road of the National Bank located in 181 in the 189-ro, Gwangju, in accordance with the North East-gu, Gwangju Island, to the front road of the National Bank located in 179 the same route.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are disadvantageous to the Defendant, who committed the instant crime during the period of suspension of execution due to the following: (a) the Defendant was punished by a fine once due to driving under influence of alcohol in around 2013; and (b) the current crime of violation of traffic laws (e.g., refusal to measure drinking).

On the other hand, the fact that the driving distance of the defendant is short, and the traffic accident has not occurred due to the driving of the drinking of this case is favorable.

In this normal relationship, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions shown in the pleadings of this case, such as the age, sex, environment, health conditions, circumstances after the crime, and the circumstances after the crime.