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(영문) 광주지방법원 2016.10.20 2016고단3301
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Although the Defendant stated in the facts charged on July 15, 2016 as “as of July 16, 2016,” the Defendant appears to have seen as an obvious clerical error in “as of July 15, 2016,” according to the records such as the Report on the Control of Drinking Driving, etc.

Around 21:58, while under the influence of alcohol level of 0.082% without a driver's license, B car was driven with 70m water level from the front day of the mutual influence in the Gwangju Mine-gu to the front day of the water level in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The sentencing of Articles 70(1) and 69(2) of the Criminal Act for the purpose of sentencing at the Nowon Station shall be determined as ordered by comprehensively taking into account all the sentencing conditions shown in the pleadings of the instant case, including the Defendant’s criminal records of punishment for the same kind of crime (one time of drinking driving at around 2014 and one time of driving without a license around 2015, and no other criminal records exist), driving distance, blood alcohol concentration, and other criminal records. The Defendant’s age, character and conduct, environment, health conditions, the circumstances of the crime, and circumstances after the crime.

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