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(영문) 광주지방법원 2015.02.25 2014고정2367
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is driving a vehicle B with a vehicle in body.

On December 23, 2014, the Defendant driven the said car at a section of about 10 meters from the front of the Ulsan Hospital to the front of the Gule Hospital located in the same viewing line, while under the influence of alcohol of 0.131% of blood alcohol concentration around 23:30, the Defendant driven the said car at a section of about 10 meters near the Gul Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing a request for appraisal;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Optional fine;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the defendant has no record of driving under the influence of alcohol, and the defendant seems to have an economic difficulty.

However, in relation to the drinking driving of this case, the defendant's drinking level is not low, and the amended Road Traffic Act of June 8, 201 provides that the driver shall strictly punish the drinking driving for the purpose of preventing the drinking driving that threatens the safety of the road traffic from smoke and overcoming the awareness of it, and taking into account the equity in similar cases, the amount of the fine determined by the summary order cannot be deemed to be excessive.

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