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(영문) 광주지방법원 장흥지원 2018.10.18 2018고단150
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 11, 201, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act in the Gwangju District Court's support on April 11, 201, and on December 18, 2012, the Defendant was sentenced to a suspended sentence of two years for the same crime in the same court on December 18, 201, and was sentenced to a suspended sentence of two or more times due to drinking driving.

On July 18, 2018, the Defendant driven an Epoter cargo vehicle under the influence of alcohol content of about 0.145% in a section of about 6 km from the road near South C Burial located in B to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. The application of Acts and subordinate statutes to inquire about criminal history and report on investigation (a copy of the decision to engage in the work together);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In full view of the elements of sentencing under Article 334(1) of the Criminal Procedure Act as well as the elements of sentencing under the grounds for sentencing, and all the conditions of sentencing as shown in the records and arguments, including the Defendant’s age, sexual conduct, environment, circumstances before and after the crime, and circumstances before and after the crime, the punishment is determined as ordered.

Disadvantageous sentencing elements: The fact that the driving power of drinking is three times (one time before the suspension of execution) and the blood alcohol concentration is relatively high.

In light of the above factors of sentencing, the sentence of imprisonment with prison labor for the defendant is too harsh to the defendant and his family members, and the sentence of imprisonment with prison labor for the defendant is too harsh to the defendant and his family members when considering the above factors of sentencing (the sentence of imprisonment with prison labor for the defendant is judged to be too harsh to the defendant and his family members when considering the above factors of sentencing).

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