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(영문) 광주지방법원 2013.03.14 2013고단234
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On January 3, 2013, the Defendant, while under the influence of alcohol by 0.095% without a driver’s license on January 23:3, 2013, driven B automobiles at approximately 4 km from the front day of the trade name in the latter part of the Gwangju District Court of Gwangju-dong to the front road of the Gwangju Northern-dong Haakdong Arts Center.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a license ledger and report on circumstantial statements of a drinking driver;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 43 of the Road Traffic Act;

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

1. Selection of an alternative fine for punishment;

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is that the defendant driven a motor vehicle without a license under the influence of alcohol level of 0.095%, the defendant had been punished seven times by a fine due to the same kind of crime as the previous crime of this case, or the crime of driving without a license, and even during the grace period after being sentenced to a suspended sentence of imprisonment due to the crime of this case, even though it is not the same kind of crime as the crime of this case, the defendant repeats the crime of this case. However, the defendant seems to require a strict punishment. However, the defendant's mistake is divided and reflects his mistake, while the defendant has been punished 15 times a fine, 15 times a suspended sentence three times a suspended sentence, but there was no history of punishment exceeding a fine due to the same kind of crime, the defendant last seven years after being punished by a fine due to the same act of driving without a license, and the defendant appears not to have caused any further motive or risk of driving as the result of the crime of this case.

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