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(영문) 광주지방법원 2015.01.29 2014고단4857
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

On July 24, 2009, the Defendant was sentenced to a fine of one million won for the violation of the Road Traffic Act at the Gwangju District Court on July 24, 2009 and a fine of 3.5 million won for the violation of the Road Traffic Act at the Gwangju District Court on March 6, 2013, and was discovered by drinking driving twice or more.

On November 18, 2014, while under the influence of alcohol at 0.081%, the Defendant driven B rocketing car at a section of about 500 meters from the front of the trade name franchisium in Yangsan-dong, Gwangju, Yangsan-dong to the front of the OB beer and the front of the OB beer in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving, and the circumstantial statement of a drinking driver (electronic document);

1. Records before judgment: Application of inquiry reports and investigation reports, including criminal records, and 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is as follows: (a) as seen in the previous conviction in the judgment of the Defendant, the driving of a motor vehicle without being aware of the fact that the Defendant had been punished by a fine twice due to drinking driving, and was driving the motor vehicle in the state of drinking; and (b) the amended Road Traffic Act of June 8, 201 stipulates that the driving of a motor vehicle which threatens the safety of road traffic shall be strictly punished for the purpose of preventing the driving of a motor vehicle which is harming the safety of road traffic and overcoming the awareness of it.

However, it appears that the defendant's mistake is divided and reflected, and it is difficult to view that the degree of the defendant's taking of the drinking driving of this case is 0.081%, the equity of the punishment with other persons who committed the same kind of crime, and the statutory penalty for the crime of this case.

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