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(영문) 광주지방법원 2015.05.28 2015고단784

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

On August 29, 2012, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act at the Gwangju District Court, and KRW 2 million for the same crime at the same court on February 28, 2013.

피고인은 2015. 1. 29. 01:20경 전남 장성군 장성읍 영천리에 있는 팡팡 노래연습장 앞 도로에서부터 같은 군 진월면 율곡리에 있는 마흥교차로 부근 도로에 이르기까지 약 3km 의 구간에서 혈중알콜농도 0.089%의 술에 취한 상태로 B NF소나타 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous records of judgment: Criminal records, inquiry reports, summary order, and application of the statutes governing the judgment;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which had already been punished by the Defendant for a drunk driving on two occasions, and had been under suspension of the execution due to the crime of traffic accident and escape (in light of the pertinent judgment, the Defendant seems to have been under the influence of alcohol driving at the time) and again had been under the influence of alcohol driving, so it would be necessary to strictly punish the Defendant.

However, inasmuch as the Defendant was faced with a vehicle driving on the road at the time of driving under the influence of alcohol and suffered significant pain for about 16 weeks, and the Defendant was suffering from considerable pain up to now, and the Defendant’s blood alcohol concentration is relatively low, etc., the Defendant is to choose a fine, and the Defendant’s age, character and conduct, environment, health conditions, details of the crime, and circumstances after the crime, etc. shall be comprehensively considered in all the sentencing conditions indicated in the pleadings of the instant case, such as the Defendant’s age, character and behavior, environment, health conditions,