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(영문) 광주지방법원 순천지원 2017.07.19 2017고단649
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 15, 2014, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court’s Netcheon Branch on July 15, 2014. On March 15, 2016, the Defendant issued a summary order of KRW 2 million for the same crime in the same court.

On April 7, 2017, the Defendant, without obtaining a driver’s license, driven D SM7 car under the influence of alcohol content of about 0.154% at a distance of about 200 meters from the 102nd heading on the road in the same Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of an alternative fine for punishment;

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 requires unfavorable circumstances such as the fact that the defendant had been convicted of driving alcohol twice (one time among them is a crime of violating traffic laws (non-licenseed driving), the defendant's favorable circumstances such as recognizing and reflecting the crime of this case, the defendant's age, family environment, and the defendant's age and family environment at the time of the crime of this case, and the defendant's blood alcohol concentration at the time of the crime of this case, the distance of drinking and non-licensed driving, the time interval between the criminal record and the crime of this case, and the circumstances after the crime of this case, etc. shall be determined as the sentence of this case.

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