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(영문) 광주지방법원 2015.11.19 2015고단4109
도로교통법위반(음주운전)등
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On October 14, 2015, at around 02:40, the Defendant driven B Poter Cargo Vehicles with blood alcohol concentration of about 0.187% without obtaining a driver's license from the front side of the 1km-dong in Gwangju Northern-gu to the same Modong Handong apartment road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. An order of provisional payment under Article 334(1) of the Criminal Procedure Act has high blood alcohol content for sentencing, 3 million won for drunk driving in 2014, 2015, and 2 million won for which each summary order has been issued due to a licenseless driving in 2015, etc., is disadvantageous, but there is no other penalty power except for the above two fines, and the instant crime does not lead to traffic accident, and other favorable circumstances, such as the defendant’s age, character and conduct, environment, circumstances, and circumstances after the crime, etc., shall be determined as per the order, taking into account all the sentencing conditions shown in the instant argument, such as the defendant’s age, character and behavior, environment, and circumstances after the crime.

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