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(영문) 광주지방법원 2016.11.24 2016고단4153

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

[criminal power] On October 2, 2007, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act at the Gwangju District Court on October 2, 2007, and KRW 700,000 as a fine for the same crime at the same court on January 26, 209.

【Criminal Facts】

On August 29, 2016, at around 22:10, the Defendant driven a B-hand car with blood alcohol concentration of about 1km from around the front of a cafeteria located in the Suwon Mine-gu, Gwangju to the front of the “NAP” clothes store located in the same Gu Black-dong to the roads in front of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records: Application of criminal records and investigation reports (previous records and attachment of judgment) and statutes;

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides that there exists a record of being sentenced to a fine twice due to drunk driving as stated in the reasoning of sentencing: Provided, That there exists no record of punishment due to his/her drunk driving, and there is no record of criminal punishment heavier than the fine, the blood alcohol density, the defendant's age, character and behavior, environment, circumstances of the crime, and all the sentencing conditions specified in the arguments of this case, including the defendant's age, character and behavior, circumstances after the crime, shall be determined as ordered

(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).