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(영문) 광주지방법원 2016.11.24 2016고단4092
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[criminal power] On March 20, 2009, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Seoul Eastern District Court, and KRW 2.5 million as a fine at the Seoul Northern District Court on December 22, 2009.

【Criminal Facts】

On September 6, 2016, at around 21:20, the Defendant driven a B-brea car under the influence of alcohol content of approximately 0.093% from the 3km section from the front of the KPS road of the KPS in the Hanju City City to the front of the KPS road of the Hanju City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records: Application of criminal records and investigation reports (previous records and attachment of judgment) and statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides that there exists a record of being sentenced to a fine twice due to drunk driving, as stated in the reasoning of sentencing: Provided, That there exists no record of punishment since 2009, and there is no record of criminal punishment heavier than a fine; blood alcohol concentration; the defendant’s age, character and conduct, environment, circumstances of crime, and all the sentencing conditions shown in the pleadings of this case, including the criminal defendant’s age, character and conduct, circumstances after committing the crime, etc. shall be determined as ordered;

(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).

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