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(영문) 광주지방법원 순천지원 2017.08.30 2017고단817
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On February 25, 2015, the Defendant received a summary order of a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on February 25, 2015, and on April 26, 2016, the Defendant received a summary order of KRW 3 million for the same crime in the same court and received a summary order of KRW 3 million.

On April 25, 2017, the Defendant driven a C-wing truck with alcohol level of about 0.20% while under the influence of alcohol level of about 1k in the front and front parking lot of the same Si new-ro (e.g., e., Mayang-si) from the front and rear-si B around 18:10 on Apr. 25, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment attached thereto);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of an alternative fine for punishment;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the defendant recognized the crime of this case and reflects it, etc., the defendant's previous conviction is six times (the three times among them are crimes of violating traffic laws (the driver's license without license). Separately, the defendant's previous conviction is also one time, and the defendant's age, health conditions, home environment, drinking and non-licensed driving distance, the same kind of previous conviction and the circumstances after the crime of this case, etc. are considered in consideration of all the factors of sentencing, such as the defendant's age, health conditions, home environment, drinking and non-licensed driving distance, the time interval between the previous conviction and the crime of this case, and circumstances after the crime.

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