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(영문) 광주지방법원 2017.07.20 2017고단2299
도로교통법위반(음주운전)
Text

The sentence against the accused shall be determined by a fine of KRW 4,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On May 23, 2017, the Defendant driven approximately 50 meters of alcohol while under the influence of alcohol 0.107% during blood transfusion at around 22:39, the Defendant driven Category B car at approximately 50 meters from the front of the entrance of the Gwangju Northern-dong cancer market, to the front of the 28 East-do Road, as stated in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire into the circumstantial statements of drivers of drinking alcohol and the results of crackdown on drinking driving;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, the background and result of the instant crime; and (b) the circumstances after the instant crime, etc., the sentence is determined as ordered.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

Unfavorable circumstances: The defendant's blood concentration level is high.

The Defendant has been sentenced to a fine once (2014) due to drinking driving.

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