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(영문) 광주지방법원 2014.12.24 2014고정2086
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 driver of a wing and cargo vehicle B.

On October 4, 2014, at around 00:04, the Defendant driven a 100m amount of the above cargo vehicle from around children’s park in the Southern-gu white movement to the front of C, while under the influence of alcohol of 0.082% of alcohol content.

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) 3 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 had no record of driving under influence of alcohol, and the circumstances in which the defendant is economically difficult are recognized.

However, 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, as of June 8, 201, provides that a strict punishment shall be imposed in the event of driving under the influence of alcohol for the purpose of preventing the driving under the influence of alcohol that threatens the safety of the road traffic and overcing the awareness of such driving, and taking account of equity in similar cases, etc., the amount of fine determined by the summary order cannot be deemed to be imposed.

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