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(영문) 광주지방법원 2014.02.04 2013고단5608
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On April 12, 2011, the Defendant was sentenced to a fine of KRW 2,00,000 for a violation of the Road Traffic Act at the Gwangju District Court, and a fine of KRW 4,00,000 for the same crime at the same court on June 26, 2013, respectively.

The defendant is a person who drives a cream car.

On November 8, 2013, the Defendant driven the said car at a section of about 500 meters away from the eart, which is located in the Ganpdong Standing District in Seo-gu, Seo-gu, Gwangju to the front of the regular school located in the same Gu, while under the influence of alcohol by 0.148% without a driver’s license of a car at around 23:29.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of a driver and a driver's license;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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

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

1. Selection of an alternative fine for punishment;

1. The reasons for sentencing under Articles 70 and 69(2) of the Criminal Act are as follows: (a) the Defendant was driving in a considerable state of alcohol level of 0.148% when the driver’s license of a motor vehicle was revoked; (b) the Defendant committed the instant crime within the short-term period despite having been punished by a fine on two occasions due to the crime of drunk driving; (c) in light of the fact that the Defendant committed the instant crime again within the short-term period, the Defendant seems to require strict punishment; (d) the Defendant is grehing and opposing the Defendant’s mistake in depth; (e) the Defendant has no criminal record other than twice the above fine; (e) the Defendant has no criminal record; (g) the Defendant does not repeat the same crime while scrapping his/her motor vehicle; and (g) there was no additional risk, such as the motive, means and consequence of the instant crime; and (e) the motive, the circumstances and age of the Defendant after the instant crime.

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