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(영문) 광주지방법원 2014.04.22 2014고정285
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a driver of B windowatom with Patom.

On December 28, 2013, at around 00:05, the Defendant driven the said vehicle with approximately KRW 500 meters from the front day of the end of the solvents-dong in Gwangjubuk-gu to the front day of the solvents-dong (IC), while under the influence of alcohol by 0.146% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written report on circumstantial statements of drivers;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is recognized as the circumstance in which the defendant is in progress of individual rehabilitation procedures by the Gwangju District Court 2012 Congress 40400, and his spouse and children aged 7 and aged 4 are in need of support.

However, on the other hand, it is difficult to see that the Defendant’s drinking level is lower in relation to the instant crime. Furthermore, the amended Road Traffic Act, as of June 8, 201, provides that a drunk driving that threatens the safety of road traffic shall be strictly punished in the event of a drunk driving for the purpose of preventing a drunk driving and impairing the awareness of it, and that the Defendant committed the instant crime even though he had the record of being punished by a fine due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the past. The statutory penalty for the instant crime is set at three million won, taking into account all the circumstances, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, and circumstances after the crime, etc., the sentence is determined as per the Disposition.

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