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(영문) 광주지방법원 2013.12.26 2013고단5185
도로교통법위반(음주운전)
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 22, 2008, the Defendant was sentenced to a fine of KRW 1,50,000 as a crime of violation of the Road Traffic Act in the wooden Branch of the Gwangju District Court on April 22, 2008, and a fine of KRW 3 million as a same crime at the Incheon District Court on August 11, 201.

On August 27, 2013, the Defendant, while under the influence of alcohol of 0.051% of blood alcohol level on August 23:45, 2013, driven a motor vehicle of hurbn with B from the section of B of the section of the area of B, which is around 800 to the front day of entrance of the transmission house in the same Dong-dong of Gwangju Mine-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver and the circumstantial statement of the driver;

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

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. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is that, in light of the fact that the defendant had been sentenced to a fine three times as a result of the crime of drinking driving like the crime of this case in the past, even though he had been already punished for the same kind of crime of the crime of this case, a strict punishment is required against the defendant. However, the defendant is divided and reflects his wrong, the defendant has no criminal record other than seven times a fine, and there is no additional risk such as the occurrence of a traffic accident during the driving of this case, and the punishment of the same amount as the order shall be imposed upon the defendant by taking full account of the following factors: the degree of taking by the defendant, the motive, means and result of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and behavior, family environment, etc.

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