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(영문) 광주지방법원 2017.10.19 2017고정1301

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 10, 2007

2. On June 26, 2009, the Gwangju District Court issued a summary order of KRW 500,000,000 as a crime of violating the Road Traffic Act (dacting driving), a person subject to a summary order of KRW 1,50,000 as a fine for the same crime at the same court on the same date, and around July 27, 2017, around 23:55, the Seoul District Court driven an apartment cK5 car owned by an employee under the influence of 0.180 percent alcohol concentration on the 3-meter section from the underground parking lot of approximately 3 meters from the 3-meter distance distance to the parking lot passage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to report internal accidents (as regards agency drivers D);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The crime of sentencing under Article 334(1) of the Criminal Procedure Act reflects the reason for the sentencing of Article 334(1) of the Act on the Aggravated Punishment of Provisional Payment Order, and the defendant's substitute driver driving the vehicle. However, since the defendant's vehicle parked in the parking zone is even attached to the vehicle adjacent to the defendant's vehicle, the defendant's vehicle parked in the parking zone is likely to be held liable, so the defendant's refusal to drive the vehicle and the defendant demanded to deduct only the vehicle out of the parking zone. Accordingly, the defendant is driving in the case of this case, while the substitute driver is under duty to drive the vehicle by proxy, the driving distance is very short of 3 meters, and the driving distance is very short, since the accident did not occur and there was no possibility of human life damage, taking into account all the circumstances revealed in the order and sentencing of this case, taking into account the defendant's age, sex, environment, family relationship, motive, means and result of the crime, etc.