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(영문) 광주지방법원 2016.09.22 2016고단2403

도로교통법위반(음주운전)

Text

1. Defendant shall be punished by a fine of KRW 7,000,000;

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

Reasons

Punishment of the crime

On May 16, 2012, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and KRW 2 million for the same crime at the same court on October 27, 2015.

On June 8, 2016, at around 20:54, the Defendant driven a Bmbb constitutional drick drive from around approximately 600 meters section to around the lower end of the U.S. military base located near the U.S. in the U.S. of the Gwangju Mine-dong, Gwangju, to the day before the U.S. military base in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that there was a record of being punished by a fine twice as stated in the reasoning of the sentencing of Article 334(1) of the Criminal Procedure Act by driving under the influence of alcohol for the reason of sentencing. However, there was no record of having been punished by a fine for driving under the influence of alcohol, and there was no record of past conviction exceeding the fine, taking full account of the degree of alcohol alcohol in blood, the defendant's age, sexual behavior, environment, circumstances of the crime, and circumstances after the crime, etc., the sentence shall be determined as ordered (the sentencing guidelines shall not apply to crimes for which the sentencing guidelines have not been set).