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(영문) 광주지방법원 2015.07.09 2015고단1083
도로교통법위반(음주운전)
Text

1. Defendant shall be punished by a fine of KRW 7,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal power] On August 13, 2010, the Defendant was sentenced to a fine of 2.5 million won for a crime of violation of the Road Traffic Act at the Gwangju District Court on August 13, 2010, and a fine of 1.5 million won for the same crime at the same court on January 4, 2013.

【Criminal Facts】

On April 3, 2015, at around 23:25, the Defendant driven CA car under the influence of alcohol with approximately 100 meters alcohol concentration of 0.088% from the 100-meter section to the road of “Trisung Electronic” agent located in the same Dong-dong of Gwangju Mine-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. As stated in the reasoning of sentencing of Article 334(1) of the Criminal Procedure Act, the punishment is to be imposed twice for the same crime as indicated in the reasoning of sentencing. However, there are no other identical criminal records except that, the crime of this case does not lead to traffic accidents, blood alcohol concentration, the defendant's age, character and conduct, environment, circumstances after the crime, and all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior, circumstances after the crime, etc. shall be determined as ordered.

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