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(영문) 광주지방법원 2014.05.01 2014고단523

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On February 2, 2014, at around 23:52, the Defendant driven B rocketing car from the front day of the junch-ro in the North-gu Nanch-ro to the OBcam in the same Gu, in the state of alcohol of 0.234% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving, the details of management and inquiry into the report, and the application of Acts and subordinate statutes of the report on the circumstantial statements of drinking drivers;

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 the Defendant committed the instant crime even though he/she had been punished by a fine due to the same crime as the instant crime in 2011, and the Defendant’s drinking level in relation to the instant drunk driving is considerably high to 0.234%, there is a need for strict punishment.

However, on the other hand, in full view of the following circumstances: (a) the Defendant’s mistake is divided, and the Defendant is against himself; (b) there was no additional risk of traffic accidents against others during driving under the influence of alcohol in this case; and (c) the Defendant has no particular criminal power other than the above one fine prior to the Defendant; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, etc., and all other circumstances constituting the conditions for sentencing as shown in the argument of this case, including the circumstances after the crime,