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(영문) 광주지방법원 2018.09.11 2018고단2915
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On January 5, 2016, the Defendant was sentenced to a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act at the Gwangju District Court, and on November 14, 2017, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act at the Gwangju District Court, and on November 22, 2017, the said judgment became final and conclusive.

On July 6, 2018, the Defendant driven a BM3 vehicle under the influence of alcohol level of 0.087% while under the influence of alcohol level of 0.087% without obtaining a driver's license from the section of approximately 3km from the section of 3km in the middle of Gwangju Mine to the road of Kent Turkey in front of the same 49 in the center of the city of Bri-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

A. Unfavorable condition: The defendant was punished twice as he was judged to drive under drinking prior to the instant case, and again committed the instant crime without being aware of the fact that he was under probation, and eventually caused a traffic accident during drinking and driving without a license.

B. favorable condition: The defendant's acknowledgement of the crime of this case and reflects his mistake, and the defendant has no record of punishment other than his previous conviction, etc.

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.

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