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(영문) 광주지방법원 순천지원 2017.02.16 2016고단2550
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On June 26, 2007, the Defendant was issued a summary order of KRW 500,000 as a fine for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 3 million as a same crime in the same court on August 25, 2014.

On September 19, 2016, the Defendant driven a B-hand car with approximately 100 meters alcohol concentration of about 0.102% from a section of 100 meters from the front of the mutual influent main point in the school Dong in the summer-si to the front road of the Dowon-dong in the same Sigsan-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (Attachment of the same type of force), application of a copy of summary order, and application of Acts and subordinate statutes;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The fact that the sentencing of Article 334(1) of the Criminal Procedure Act provides that the defendant can have the same criminal records as that of the defendant is disadvantageous to the defendant.

However, in consideration of the defendant's power and time interval with the crime of this case, the defendant's drinking volume of this case, etc., the punishment of fine like the order shall be determined at once.

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