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(영문) 광주지방법원 목포지원 2012.09.18 2012고단875
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 27, 2009, the Defendant received a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) from the Gwangju District Court's Branch on October 27, 2009, and on February 24, 2010, the same court received a summary order of five million won for a violation of the Road Traffic Act (driving). On October 25, 201, the same court was sentenced to two years for suspension of the execution of six months for imprisonment for a violation of the Road Traffic Act (not after-accident) by the same court on October 25, 201, and is currently under the suspension period.

On May 10, 2012, at around 21:47, the Defendant driven a B-to-purd vehicle under the influence of alcohol concentration of 0.189% from the front side of the 2 plaza, which is located in the Yongsan-si, Sinpo-si, Sinpo-si, Mapo-si, approximately 300 meters away from the front side of the 300mnpo-si, Sinpo-si, Sinpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Previous convictions in judgment: Application of one copy of investigation report (Attachment of a written judgment) and one copy of the judgment rendered in 201Gag-749;

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

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

1. The sentencing reasons under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant has been punished several times for the same kind of crime, the crime of this case during the probation period is committed, the blood alcohol level is high, the traffic accident involving a vehicle under stop on the opposite line at the time of the instant case has been paid, and the defendant's punishment becomes final and conclusive upon being sentenced in the instant case, and the highest punishment shall be determined by the fine, taking into account the following factors: (a) the defendant's punishment becomes effective and severe results are determined.

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