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(영문) 광주지방법원 2015.03.11 2014고정2189
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a B-End-Wurt Motor Vehicle.

On November 1, 2014, at around 07:30, the Defendant driven the said vehicle at approximately 100 meters away from the section front of the Gwangju Northern-gu Office in front of the hub station located in the Yongsan-dong of Gwangju, while under the influence of alcohol of 0.121% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry into the results of crackdown on drinking driving;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Optional fine;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant reflects the instant crime, the instant drinking driving did not lead to an accident, and the Defendant appears to have economic difficulty.

However, it seems that the defendant's drinking driving of this case does not have a low level of driving, since the defendant was left alone while driving on the road due to the locking of the vehicle in the course of driving under the influence of alcohol, it seems that the risk of the accident at that time was very high. The amended Road Traffic Act of June 8, 201 stipulates that a person who drives under the influence of alcohol for the purpose of preventing the safe flow of road traffic from smoke and overcoming the awareness of it, it cannot be deemed that the amount of fine determined by the summary order is excessive, considering the equity in other similar cases.

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