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(영문) 광주지방법원 2014.08.26 2014고정1071
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving C 125cc.

On May 28, 2014, under the influence of alcohol on 0.113% of blood alcohol concentration at around 20:00, the Defendant driven approximately 600 meters of alcohol from the franchisium franchisium in the franchisium Yyangyang-gun, Jeonyangyang-gun, to the front road of the Dobongyangyang-gun, the salary franchisium in the franchisium franchisium in the franchisium.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver and the report on detection of a host driver;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. It is recognized that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant is able not to commit the same crime again while pening and opposing his mistake.

However, on the other hand, it is difficult to see that the Defendant’s drinking level is lower in relation to the instant drinking driving. The amended Road Traffic Act, June 8, 201, provides that the Defendant’s drinking driving that threatens the safety of road traffic shall be strictly punished in the event of driving under the influence of alcohol for the purpose of preventing the driving under the influence of alcohol and impairing the awareness about the driving of the driving under the influence of alcohol. The statutory penalty for the instant crime is set at three million won as the maximum amount of fine among the statutory penalty for the instant crime. In the instant summary order, the amount of fine is set at the lowest amount of mitigation. Considering the equity with other similar cases, the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, etc., as a whole, it cannot be deemed that the amount of fine prescribed in the instant summary order is excessive, and thus, the sentence shall be determined as per the order.

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