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(영문) 광주지방법원 2017.09.07 2017고단3213

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 June 23, 2017, the Defendant driven a DNA-learning car under the influence of alcohol concentration of 0.140 percent in blood, even though he/she was under the suspension period of driver's license around 00:40, the Defendant driven a DNA-learning car with approximately two kilometers from the front road of "CK" in Gwangju North-gu, to the same front road of the same Gu, and from the front road of the innovation town.

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. The application of Acts and subordinate statutes to a license ledger and a license ledger;

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.

D. Unfavorable circumstances: The defendant's blood alcohol concentration is high, and the crime of this case is repeated despite the record of punishment once due to drinking driving.

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