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(영문) 광주지방법원 2017.07.18 2017고정951

도로교통법위반(음주운전)

Text

The sentence against the accused shall be determined by a fine of KRW 4,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person driving a BM3 car.

On May 22, 2017, the Defendant driven the said car at the section of about 100 meters from the north-gu in Busan Metropolitan City to the front road, as the Defendant was under the influence of alcohol content of 0.109% among the blood transfusion around 22:10 on May 22, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a statement on the circumstances of a driver placed in the main place and a report on detection of such driver;

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

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.

Unfavorable circumstances: The defendant's blood concentration level is high.

The defendant has a record of being sentenced to a fine once due to drinking driving.

Although the defendant was under investigation by driving a separate drinking, he repeated the crime of this case.