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(영문) 광주지방법원 2015.10.15 2015고단3039
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 17, 2015, at around 23:35, the Defendant driven a B-wing truck at a section of about 400 meters from the street in front of the Sungsung-gun Office located in the Masung-gun, Sungsung-gun, Youngcheon-do to the front of the CU convenience in the same Eup/Myeon, while drunking about 0.110% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written reports on running a driver;

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant committed the instant crime even though he was sentenced to three months of imprisonment with prison labor for assault at the Gwangju District Court on November 5, 2014 and one year of suspended execution as of November 5, 2014, and even during the suspended execution period, the Defendant was punished for drinking driving two times prior to that period.

On the other hand, it is advantageous to the fact that the crime of this case is different from the crime of this case, and that the defendant was punished for drinking driving before 2004.

In addition, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions shown in the pleadings of the instant case, such as the age, character and conduct, environment, health condition, circumstances after the commission of the crime.

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