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(영문) 광주지방법원 2017.08.10 2017고단2535

도로교통법위반(음주운전)등

Text

The sentence against the accused shall be 5,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On May 22, 2017, under the influence of alcohol level of 0.129% in blood without a driver's license on May 22, 2017, the Defendant driven a B B B B B B-type car from the 2km section from the roads of the Dong-gu, Gwangju to the center of the Dong-gu to the roads in front of Matern Women's Council members.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and the register of tea;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, the background and result of the instant crime; and (b) the circumstances after the instant crime, etc., the sentence is determined as ordered.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

Unfavorable circumstances: The defendant's blood concentration level is high.

The Defendant was punished once due to drinking driving (2017) and the instant crime is repeated despite the revocation of the driver’s license due to driving of a motor vehicle.

Considering the risk of accidents caused by drinking driving, strict punishment is needed for these crimes.