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(영문) 광주지방법원 목포지원 2016.01.22 2015고단1468
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 28, 2006, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the wooden branch of the Gwangju District Court on September 28, 2006, and the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the wooden branch of the Gwangju District Court on April 16, 2012 and two times the driving power of drinking.

around 22:40 on October 9, 2015, the Defendant driven a B-pon vehicle with a alcohol content of about 1 km from a section of approximately 1 km to the Ganpo-si 602 front road in front of the Mapo-si, Supo-gun, Supo-gun, Seoul, the Republic of Korea: (a) around 22:40, the Defendant driven the B-pon vehicle under the influence of alcohol content of about 0.122%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Response to a request for appraisal;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment seems to be repented by the defendant, and the defendant would not drive drinking again in the future.

In full view of all the circumstances, including the fact that the defendant was sentenced to a fine twice prior to driving under drinking, the fact that there is no record of criminal punishment other than that of the defendant, and the age, sex, environment, and circumstances before and after the crime, etc. of this case and the conditions of sentencing as shown in the records and arguments, the punishment shall be determined as per the disposition.

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