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(영문) 광주지방법원 2017.04.27 2017고단361
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 May 27, 2014, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and on December 24, 2015, the Defendant was sentenced to a suspended sentence of KRW 4 years for a crime of violating the Road Traffic Act at the Gwangju High Court on December 24, 2015 and was sentenced to a suspended sentence of KRW 1.5 million for a crime of violating the Road Traffic Act, and the judgment became final and conclusive on January 1, 201

On January 9, 2017, the Defendant, while under the influence of alcohol content of 0.087% during blood transfusion around 03:41, 2017, driven a car C in the section of about 100 meters from the day before the flow distance of mountain water in the Dong-gu, Gwangju to the front road of the same Saemaeul National Treasury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

(a) Unfavorable conditions: The person recommits the crime of this case without being subject to punishment twice due to driving under drinking and without being subject to suspended sentence;

B. favorable condition: The Defendant’s acknowledgement of the instant crime and reflects his mistake; although the Defendant is still under the suspension of execution, the main crime among the crimes subject to suspended execution differs from the instant crime.

C. The Defendant’s age, sex, environment, motive and background leading up to the instant crime, circumstances before and after the instant crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, were considered.

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