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(영문) 광주지방법원 순천지원 2017.11.09 2017고단1522
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

From July 10, 2017 to October 17, 2017, the Defendant was under the influence of the driver’s license, but at around 05:40 on July 16, 2017, the Defendant driven a B-hurd vehicle with a blood alcohol concentration of about 0.231% in the section of about 1km from the front of the second apartment in front of the death of the dead forest located in the death forest to the front road of the radio-use apartment located in the same city cremation-dong.

Summary of Evidence

1. Statement by the defendant in court;

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

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; Articles 152 subparagraph 1 and 43 of the Road Traffic 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. The Defendant, on June 7, 2017, was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act at the Yacheon Branch of the Gwangju District Court on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order. The Defendant committed the instant crime because it did not exceed two months after the crackdown on driving alcohol in the instant case. The Defendant is not liable for the very high level of drinking alcohol.

However, the punishment shall be determined in consideration of the fact that the defendant entered Korea on December 2, 2015 as North Korean defectors, and that the defendant does not repeat a crime.

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