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(영문) 광주지방법원 2014.08.19 2014고정1033

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the driver of the vehicle B with the highest engine.

On June 5, 2014, at around 23:35, the Defendant driven approximately 4 km in front of the Culture and Arts Center located in the Chungcheongnam-gu, Gwangju Metropolitan City, with a alcohol of 0.199% of blood alcohol concentration on the road as the above vehicle, at approximately 4 km in front of the Culture and Arts Center located in the Chungcheongnam-gu, Gwangju Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving and the application of Acts and subordinate statutes to the report on the circumstantial statements 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. It is recognized that the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the following: (a) the Defendant’s mistake was divided and reflected; (b) the Defendant appears to have taken into account the circumstances leading to driving under the influence of alcohol in this case; (c) the Defendant appears to have economic difficulties because the amount loaned by the bank reaches KRW 22 million; and (d) the Defendant is the first offender who has no criminal power.

However, on the other hand, in relation to the drinking driving of this case, the degree of the Defendant’s drinking alcohol is very high at 0.19%, and the amended Road Traffic Act as of June 8, 201 provides that a strict punishment shall be imposed in the case of drinking alcohol for the purpose of preventing the drinking driving threatening the safety of road traffic from being frightened and overcing the awareness of it. In full view of the equity with other similar cases, including the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., all the circumstances constituting the conditions for the sentencing specified in the argument of this case, such as the Defendant’s age, character and behavior, environment, motive and circumstance after the crime, etc., the amount of the fine specified in the