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(영문) 광주지방법원 순천지원 2015.05.29 2015고단448
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On July 14, 2010, the Defendant was notified of a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Changwon District Court's Jinju branch on July 14, 201, and on June 10, 201, the Defendant was notified of a summary order of KRW 1 million for the same crime.

On January 23, 2015, at around 01:20, the Defendant driven a car in body B under the influence of alcohol content of about 1km from the front day of the Mineyang-si Dolyang-si to the front day of the same Eup Dondong Donsan-si, and under the influence of alcohol content of about 0.089% from around 1km to the front day of the same Eup.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Previous records of judgment: Criminal records, etc., an inquiry report, an investigation report (a copy of a summary order of the same criminal records attached thereto), and application of Acts and subordinate statutes attached to two summary orders;

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

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, despite the fact that the defendant had been punished for the same kind of drinking driving on several occasions, has committed the crime of this case, and the nature of the crime is heavy.

However, it is decided as per the disposition in consideration of the fact that the defendant reflects the crime of this case, and again the defendant is expected not to drive drinking.

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