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(영문) 광주지방법원 순천지원 2017.09.21 2017고단1321
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On June 13, 2017, the Defendant driven BM5 vehicle under the influence of alcohol content of 0.162% while under the influence of alcohol without obtaining a driver’s license from approximately 600 meters from the front of a mutually influent restaurant to the front road of the third apartment complex in the same route, which is located in the Gyang-si square, Gwangju-si SM5 vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 punishment shall be determined by comprehensively taking into account the criminal records of the defendant's identical crime (time of a fine for drinking alcohol driving), the drinking volume of the case, the age of the defendant, etc. for the reason of sentencing under Article 334 (1) of the Criminal Procedure Act.

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