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(영문) 광주지방법원 2015.05.14 2015고단659
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by a fine of 6,00,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On February 15, 2015, at around 2:30, the Defendant driven a B earth car with a blood alcohol content of about 0.235% under the influence of alcohol from about 1k to the day front of the hotel located in the same Dong, which is an elderly in the same Dong, from the front of the main office located in the business territory of the rental body hotel located in Seo-gu, Seo-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on detection of a drinking driver, the report on the circumstantial statement of a drinking driver, and the written appraisal of blood alcohol;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of five million won to ten million won;

2. Scope of recommending sentencing criteria: Offenses for which the sentencing criteria are not set; and

3. Determination of sentence: The fact that the blood alcohol content of the Defendant’s blood alcohol content was significantly high by 0.235%, that the Defendant had been punished by a fine for the same kind of crime in 2007, and that the instant crime was committed by a traffic accident is unfavorable.

On the other hand, the fact that the defendant is against the defendant, and that the defendant has no other criminal record than the above one fine is more favorable.

The punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of the instant case, such as the following various circumstances and the Defendant’s age, character and conduct, environment, circumstances after the crime, and the circumstances after the crime.

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