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(영문) 광주지방법원 2014.04.24 2014고단47

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

At around 01:30 on October 30, 2013, the Defendant driven a passenger car with approximately 20 meters a fenz S500m alcohol from the electric street located in the Gandong in Gwangju Northern-gu to the opposite course of the road.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the entrustment of appraisal of blood alcohol concentration (transport-10693), the report on detection of a de facto driver (2405-00582) and the report on internal death (applicable as a result of blood collection);

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that choose the penalty for the crime;

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is that even though the Defendant had been subject to a fine twice due to the crime of drunk driving like the crime of this case in the past, the Defendant repeated the crime of this case again, and that the degree of the Defendant’s taking-over in relation to the driving under influence of alcohol in this case is considerably high to 0.213%, it is necessary to strictly punish the Defendant.

However, on the other hand, the defendant's mistake and reflects his mistake, and there is no additional danger of traffic accident against others during the driving under the influence of alcohol in this case, and one of the above driving under the influence of alcohol in this case is about February 23, 2005, and there is no criminal record exceeding the fine in addition to the above two driving under the influence of alcohol in this case, and all other circumstances, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., which are the conditions for sentencing as shown in the argument of this case, shall be determined as per the disposition.