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(영문) 광주지방법원 목포지원 2016.10.20 2016고단745
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of eight million won.

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

Reasons

Punishment of the crime

On January 28, 2016, the Defendant was sentenced to a suspended sentence of five months for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Gwangju District Court's Branch on January 28, 2016, and the said judgment became final and conclusive on February 5, 2016 and is currently under suspended sentence

In addition, on June 28, 2007, the Gwangju District Court issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) at the wooden Branch of the Gwangju District Court on June 28, 2007 and KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) at the same support on June 1, 2010.

On April 15, 2016, at around 02:20, the Defendant driven a DNA car under the influence of alcohol of about 200 meters in a section of approximately 0.171% of blood alcohol content from the 200 meters away from the roads near the central market located in the city of Supo City to the roads near the Gipo City.

Accordingly, the suspect has been driving a car under the influence of alcohol even though he has violated two times or more due to a drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, the report on the circumstantial statement of a drinking driver, the inquiry into the results of the crackdown on drinking driving, and field photographs;

1. Previous convictions in judgment: The application of criminal records and investigation reports (the facts during the period of suspension of execution and confirmation of the same kind of records);

1. Relevant criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

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

1. The fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order commits the instant crime only within two months since the decision of probation became final and conclusive, the blood alcohol concentration is relatively high, and the occurrence of an accident causing physical damage is unfavorable.

However, Defendant shall be punished by a fine in consideration of favorable circumstances, such as the fact that the crime under the suspended execution is not a drinking driver, the Defendant supports open aging and his children, and the fact that the instant vehicle is scrapped, selling cargo, etc., and that it reflects wrongness.

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