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(영문) 광주지방법원 2014.11.25 2014고단3949

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is a crime of violation of the Road Traffic Act (driving) at the Gwangju District Court; a fine of 700,000 won on June 20, 2008; a fine of 2 million won on August 22, 2008; and a fine of 2 million won on 2013

3. The summary order of KRW 5 million was issued on March 19, 201, and on March 19, 2014, the Gwangju District Court sentenced 8 months of imprisonment and 2 years of suspended execution for violation of the Road Traffic Act.

On September 17, 2014, the Defendant, while under the influence of alcohol by 0.062% without a driver’s license on September 23, 2014, driven the Esan PP car at approximately 20 meters from the front side of the Gwangju Mine-dong SK K K KK oil station, to the front side of the “Yamamama” located at 145-ro 90, 145-gil.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements and driver's license register;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Article applicable to criminal facts;

(a) Drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same Act.

1. Articles 40 and 50 of the Criminal Act, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include several criminal records of the same kind, the period of probation is currently under the same kind of crime, and in particular, even though probation is being put on probation, there are circumstances to take into account the circumstances leading to the instant crime, and if the Defendant is punished by imprisonment with prison labor in consideration of the distance of operation, the degree of driving, the prosecutor’s opinion on sentencing, etc., the result of such punishment is determined to be harsh to the Defendant and thus, the Defendant is punished as a fine, and the sentence is determined like the order.