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(영문) 광주지방법원 목포지원 2013.09.06 2013고단902
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

【Criminal Power】 On January 15, 2010, the Defendant had a blood alcohol concentration of 0.135% at the time of committing a crime of violation of the Road Traffic Act (driving on Drinking) in the application of the Gwangju District Court.

on August 31, 2010, the blood alcohol concentration at the same court was 0.19% at the time of the same crime.

A person who has violated Article 44 (1) of the Road Traffic Act at least twice, such as receiving a fine of KRW 3 million, etc.

【Criminal Facts” around 23:40 on June 29, 2013, the Defendant driven a passenger car with C low-speed in the state of alcohol alcohol content 0.237% from the 15m section of approximately 15 meters to the front day of the same apartment 206-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (A) and Acts and subordinate statutes;

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

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

1. Selection of an alternative fine for punishment (to select a fine in consideration of the fact that the number of alcohol content is very high, but the vehicle parked while drinking alcohol at the same place of birth leads to the instant crime while moving the vehicle upon request; the place of drinking driving is apartment complex; the distance of drinking driving is short; and the fact that there has been no record of punishment for about two years and ten months after being punished for drinking driving on two occasions in 2010, such as the record of criminal records in the judgment);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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