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(영문) 광주지방법원 2016.09.08 2015고단4114
도로교통법위반(음주운전)등
Text

1. Defendant shall be punished by a fine of KRW 8,000,000.

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On October 23:11, 2015, the Defendant driven B-be under the influence of alcohol with a blood alcohol concentration of 0.324% without obtaining a driver’s license, from around the front of a non-cafeteria in the Seo-gu, Seo-gu, Seo-gu, Gwangju to the front road of the Geumho-dong Residents’ Center in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and application of Acts and subordinate statutes to the ledger of driver's licenses;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is very high in blood alcohol concentration.

In 208, there is a record of being punished by a fine for drinking and driving without a license once every time in 2008.

In addition, there is no record of punishment due to drinking or unlicensed driving, and there is no record of criminal punishment heavier than fine.

In addition, comprehensively taking into account the age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, all the sentencing conditions specified in the pleadings of the case shall be determined as ordered.

(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).

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