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(영문) 광주지방법원 2017.11.21 2017고정1418
도로교통법위반(음주운전)
Text

The sentence against the accused shall be determined by a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On September 1, 2017, the Defendant driven a B-hand car at a distance of about 400 meters from the front side of the Mapo-dong in the Gwangju Mine-gu to the Mapo-dong road located in the B-dong of the Gwangju Mine-gu, in a state of alcohol concentration of 0.078% among the blood transfusion around 22:30,017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the statement report on the situation of a driver driving and the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, the background and result of the instant crime; and (b) the circumstances after the instant crime, etc., the sentence is determined as ordered.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant has no record of being punished for drinking driving.

Defendant has difficulties in maintaining his/her livelihood.

Unfavorable circumstances: Considering the risk of accidents caused by drinking driving, it is necessary to strictly punish such crimes.

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