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(영문) 광주지방법원 2019.09.05 2019고단2567

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

Around 03:10 on July 2, 2019, the Defendant driven a motor vehicle of e-purburged E in the state of alcohol concentration of approximately 0.189% from the 10k section of blood alcohol level to the same Gu D neighboring road via the same Gu C from the 2010-gu Gwangju Mine to the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the selection of a fine concerning the crime, the selection of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is relatively high in blood alcohol concentration at the time of driving under influence of alcohol, the defendant is selected by a fine in consideration of the following: (a) the defendant has lived faithfully before committing the instant crime without any particular criminal record; and (b) the defendant is able to not drive under the influence of alcohol again while seriously against his/her will; and (c) etc.

In addition, the sentence shall be determined as per Disposition in consideration of the remaining circumstances that serve as the conditions for sentencing, such as the defendant's age, character and conduct, environment, family relationship, and economic situation.