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(영문) 광주지방법원 2017.11.09 2017고단4230
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 September 22:10, 2017, the Defendant driven a B-car under the influence of alcohol content of approximately 0.132% from a section of approximately 2 km from the front of the lender apartment in the Northern-dong, Gwangju, to the front of the office of office located in the Northern-dong, Gwangju, the Defendant driven the B-car under the influence of alcohol content of about 0.132%.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that even though the defendant had a record of being punished twice by a fine due to driving under drinking, the criminal liability is not exceptionally imposed in light of the fact that he/she drives under drinking.

However, in full view of the following facts: (a) the crime is against the law; (b) there is no history of the crime exceeding a fine due to traffic crimes; (c) the punishment of a fine due to drinking driving has been imposed for more than nine years since the lapse of January 2008; and (d) the Defendant’s age, sex, environment, background of the crime; and (e) the circumstances after the crime, etc., all of the sentencing conditions specified in the arguments in the instant case, including

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