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(영문) 광주지방법원 2016.10.27 2016고단3094
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 11, 2016, at around 10:20, the Defendant driven BpG volume without a driver’s license, while under the influence of alcohol level of about 0.138% in a section of about 20km from before the front of the 23th class Man-gu Yaeung apartment to the front of the transfer of the Yannam-gun-gun, Gwangju Metropolitan City, to the front of the transfer of the YY-gun, the Defendant driven BpG volume.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of the statutes on the register 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. The sentencing of Articles 70(1) and 69(2) of the Criminal Act on the ground of the sentencing at the Nowon Station shall be determined as ordered by taking full account of all the sentencing conditions shown in the arguments in the instant case, including the Defendant’s penal records of drinking alcohol (in 199 and 2015, two times of drinking alcohol), driving distance, blood alcohol concentration, and other Defendant’s age, character and conduct, environment, health conditions, circumstances after the commission of the crime, and circumstances after the commission of the crime.

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