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(영문) 광주지방법원 2016.04.28 2016고단720

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 July 9, 2007, the Defendant was sentenced to a fine of KRW 500,00 as a crime of violation of the Road Traffic Act at the Gwangju District Court, and a fine of KRW 3 million as a crime of violation of the Road Traffic Act at the Gwangju District Court on July 1, 2013.

On February 26, 2016, the Defendant, while under the influence of alcohol 0.096% during blood transfusions, driven a e-mail e-line B from the front side of a restaurant with death penalty to the front side of a new e-section located under the e-mail of Young-gun, Young-gun, Nam-gun, the Defendant driven a e-line B at approximately 1.5km from the front side of the restaurant with death penalty to the front side of the e-section at the lower side of the new e-mail of the Young-gun, Young-gun, Young-gun

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: Application of a reply to inquiry, or a copy of the judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are disadvantageous to the Defendant, are the following: (a) the Defendant again committed a second offense despite having been punished twice due to drinking, as stated in the previous conviction in the judgment; and (b) the Defendant’s blood alcohol concentration was not low.

However, since the defendant has no record of punishment of fine or heavier, and there are favorable circumstances such as the fact that the traffic accident has not occurred due to the driving of the drinking of this case, it shall be considered, and all of the sentencing conditions shown in the arguments of this case, including the defendant's age, sex behavior, environment, health condition, circumstances after the crime, etc., shall be determined as ordered by considering the whole sentencing conditions