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(영문) 광주지방법원 2015.04.23 2015고정322

도로교통법위반(음주운전)

Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-wing cargo vehicle.

On December 25, 2014, the Defendant was under the influence of alcohol of 0.176% on blood alcohol concentration at around 17:55, the Defendant driven the above cargo at the section of approximately 1.5 km from the front of the west-gun, Hayang-gun, Hayangyang-gun, to the front of the west-ri, the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on detection of drinking drivers, reports on the circumstantial statements of drinking drivers, and reports on the control of drinking drivers;

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

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

3. Determination of sentence: Determination of sentence: Determination of sentence, in consideration of all the sentencing conditions shown in the pleadings of the instant case, including the fact that the blood alcohol content of the Defendant was higher than 0.176%, that of the Defendant’s blood alcohol content was higher than 0.176%, that of the same kind of crime in 2006, and that of other criminal records, such as the Defendant’s age, character and conduct, environment, circumstances leading to the commission of crime