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(영문) 광주지방법원 2017.11.02 2017고단3381
도로교통법위반(음주운전)등
Text

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On July 15, 2017, at around 23:45, the Defendant driven a B-low vehicle under the influence of alcohol concentration of about 0.093% without the driver’s license, from the Gu viewing distance in the Dong-dong mine in Gwangju-gu to the roads in front of peace in Gwangju-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

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. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (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 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.

D. Unfavorable circumstances: The defendant is not guilty of repeatedly committing the crime of this case at least five days after his driver's license was revoked due to drinking.

Considering the risk of accidents caused by drinking driving, strict punishment is needed for these crimes.

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