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(영문) 광주지방법원 순천지원 2013.08.14 2013고단1099
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[criminal power] On March 23, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the Gwangju District Court's net support on December 21, 2007, a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the same court on December 21, 2007, and on June 7, 2012, the Defendant was sentenced to a suspended sentence of 2 years for a period of 8 months for a violation of the Road Traffic Act (driving) in the Gwangju District Court's Netcheon Branch.

【Criminal Facts】

On May 14, 2013, at around 22:48, the Defendant driven a Brocketing car without a car driver’s license, under the influence of alcohol leveling approximately 200 meters from the front road of the entrance of the Hob apartment, which is located in the Suncheon-si Do, to the front road of the lower floor in the same Dong, and at least 0.057% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the state of drinking drivers, and making the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, 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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act requires a strict punishment of the defendant in light of the fact that the defendant was punished for a drunk driving three times, and that he was engaged in drinking and driving without a license during the period of suspension of execution due to the same kind of crime.

However, in consideration of the fact that the defendant is against himself/herself, the driving distance is relatively short, the accident during the crime does not occur, and the fact that he/she is in charge of his/her family's livelihood as a physically disabled person, etc., the punishment shall be determined like the order.

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