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(영문) 광주지방법원 2017.09.14 2017고단3308
도로교통법위반(음주운전)등
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 April 9, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle around 15:00, driven a D rocketing motor vehicle under the influence of alcohol content of about 0.208% from a portion of about 700 meters, namely, from the front day of the Yangdong apartment located in Gwangju Seo-gu, to the underground passage, in Yangcheon-dong located in Gwangju Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Photographs related to accidents;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. In full view of all the factors indicated in the pleadings of the instant case, such as the fact that there was a history of being punished by a fine once due to driving of drinking alcohol for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing of the instant order shall be determined as per Disposition, taking into account the following factors: (a) alcohol concentration in blood alcohol; (b) driving distance; and (c) the Defendant’s age, sex, environment, circumstances of the crime, and circumstances after the crime.

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