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(영문) 광주지방법원 2014.02.13 2013고단5424
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,500,000.

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

Reasons

Punishment of the crime

[criminal power] On May 17, 201, the Defendant was issued a summary order of 1.5 million won by the Gwangju District Court for a violation of the Road Traffic Act, and on October 11, 2012, the Defendant was issued a fine of 4 million won by the Gwangju District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On November 13, 2013, the Defendant, without obtaining a driver's license at around 00:30, driving a B low-priced vehicle at approximately 500 meters away from the front of the 'Nephphadong in Gwangju Mine-gu' restaurant with the blood alcohol concentration of 0.106%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the drinking driving control;

1. Registers of driver's licenses;

1. Previouss before ruling: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

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), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 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. Although the Defendant’s reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not good for each year to drive under drinking, the Defendant’s employment rules stipulate that “in the event he is convicted of imprisonment without prison labor or any heavier punishment by law, he shall be dismissed” and thus, the Defendant’s employment rules stipulate that “in the event he is convicted of imprisonment without prison labor or any heavier punishment by law, he/she shall be dismissed,” and the Defendant shall be subject to dismissal only once, taking into account the following factors: (a) the Defendant

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