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(영문) 광주지방법원 2012.10.11 2012고합763
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 18, 2007, the defendant was sentenced to a fine of 1.5 million won due to a violation of the Road Traffic Act (driving) in the Gwangju District Court's branch on July 18, 2007, and a summary order of 1.5 million won due to the same crime in the same court on February 29, 2008. On December 31, 2010, the defendant was sentenced to a suspended sentence of 2 years for imprisonment with prison labor for the same crime, etc. on December 31, 2010, and the judgment became final and conclusive on January 8, 201, and is currently under a suspended sentence.

On July 3, 2012, at around 20:05, the Defendant driven a c gallon with blood alcohol content of about 15km from the front road in front of the Master-dong restaurant located in the Yannam-gun, Yannam-gun, Yannam-gun, to the front road of the mountain intersection located in the Yannam-gun, Yannam-gun, Yannam-gun, Yannam-gun, with no driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of a fine for selective punishment (the case committed again during the period of suspension of execution, but the degree of one illness per week and more than four hours per week has passed, and there are reasons for somewhat considering the motive and circumstances of the crime, and the case which was controlled by the drinking driving during that period and the drinking level in this case are relatively high, and the case is not disposed of and against the vehicle, etc.);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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