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(영문) 광주지방법원 순천지원 2019.09.26 2019고단1490
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[criminal power] On December 17, 2014, the Defendant was issued a summary order of a fine of five million won for a violation of the Road Traffic Act in the Gwangju District Court's net support on December 17, 2014

【Criminal Facts】

On May 15, 2019, at around 20:40, the Defendant driven a car in C Coin with approximately 8 km from the front of the Defendant’s residence located in Bosung-si, Bosung-gun, to the front of the 292 Bosung-si, Bosung-si, Bosung-si, the U.S. C, while under the influence of alcohol with a blood alcohol concentration of at least 0.168%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the results of the control of drinking driving and the circumstantial statement of drinking drivers;

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of fines for criminal facts;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, Defendant’s age, character and conduct, environment, motive and background of the crime, blood alcohol level, blood alcohol level, drinking driving distance, circumstances after the crime, etc., and the sentencing conditions as shown in the records and arguments of this case.

D. Unfavorable circumstances: The defendant needs to be punished for a crime that may cause serious damage to the life, body, or property of another person; the defendant has been punished for a crime that is equivalent to the punishment of the crime; the defendant has been punished for a second time despite the previous records of his/her punishment for a drunk driving; the defendant recognizes his/her mistake and reflects it; the defendant again does not drive under the influence of alcohol; the considerable period of time has passed from the date of the punishment for a drunk driving (2014. 17. 201. 17. 201. 201. 201. 3. 3.

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