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(영문) 광주지방법원 2017.11.23 2017고단4460
도로교통법위반(음주운전)
Text

The sentence against the accused shall be 5,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On July 17, 2017, while under the influence of alcohol level of 0.199% among the blood transfusion around 19:55, the Defendant driven a Cone Starex motor vehicle around the roads adjacent to the Gwangju Bridge Intersection in Gwangju-gu, Gwangju-ro 339, and (man).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a alcohol appraisal report and a report on the detection of a primary driver among blood;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, the background and result of the instant crime; and (b) the circumstances after the instant crime, etc., the sentence is determined as ordered.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

Defendant has difficulties in maintaining his/her livelihood.

Unfavorable circumstances: The number of alcohol concentration in the blood of the defendant is considerably high.

The defendant has been sentenced to a fine once (2005) due to drinking driving.

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