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(영문) 광주지방법원 2019.09.26 2019고단3028
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On August 16, 2019, at around 03:33, the Defendant driven the E-3 vehicle under the influence of alcohol content of about 0.379% in the section of approximately 1km from the roads near Gwangju Mine-gu to the roads near the “D” restaurant located in Gwangju Mine-gu C.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report on the circumstantial statements and investigation report of a host driver;

1. Relevant Article of the Act and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of a fine concerning the crime, the selection of a fine;

1. Article 53 and Article 55(1)6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 20

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

1. Although the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is highly high in blood alcohol concentration at the time of drunk driving, the defendant is selected by a fine in consideration of the following: (a) the defendant has lived faithfully without any particular criminal record before committing the instant crime; and (b) the defendant is seriously against himself/herself.

In addition, the punishment as ordered shall be determined by comprehensively taking into account various circumstances, such as the motive for drinking alcohol driving, the place and distance where drinking alcohol driving is conducted, the circumstances after the crime, the defendant's age, character and conduct, the environment, and criminal records.

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