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(영문) 광주지방법원 순천지원 2018.08.06 2018고단981
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On January 6, 2014, the Defendant was issued a summary order as a crime of violating the Road Traffic Act in the Gwangju District Court's Netcheon Branch, and on November 10, 2015, a summary order was issued as the same crime in the same court.

On April 24, 2018, at around 23:37, the Defendant driven a 1m-hour car with approximately 0.242% alcohol concentration in blood within a public parking lot in the influent city in the summer-si.

As a result, the Defendant was a person who had a driving force under drinking not less than twice, and was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Scenic photographs;

1. Application of a reply to inquiry, such as criminal history, and summary order-making statutes;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant repeats the same crime in a short period.

However, there is no other damage caused by drinking driving, the distance of drinking driving is less than one meter, the company retires when a person is punished by imprisonment without prison labor or more, the defendant retires from office, the defendant does not have any previous conviction except for a summary order issued twice due to drinking driving, his depth reflects the defendant's age, sex, family relation, environment, circumstances and results of the crime, and other circumstances shown in the arguments of this case, such as the circumstances after the crime, shall be comprehensively considered and determined as ordered.

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