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(영문) 광주지방법원 2014.07.23 2014고단2255
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On March 9, 2007, the Defendant violated Article 44(1) of the Road Traffic Act by being sentenced to a fine of 3 million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court on May 8, 2009, a fine of 1.5 million won for the same crime in the same court on May 8, 2009, a fine of 3 million won for the same crime in the same court on February 26, 2010, and a fine of 3 million won for the same crime in the same court on November 5, 2012.

Criminal facts

On June 3, 2014, at around 21:55, the Defendant driven C City 100 Oralbane while under the influence of alcohol with approximately 140 meters alcohol concentration 0.114% under the influence of alcohol without obtaining a driver’s license from the front side of the Maamho apartment located in Gwangju Northern-dong to the front side of the restaurant in the lutin era of the same Dong from the front day of the 140-meter.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. The driver's license ledger;

1. Previous records of judgment: Application of inquiries, such as criminal records, investigation reports, and Acts and subordinate statutes (report on attachment of sound driving records);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime (the point of driving sound), subparagraph 2 of Article 154 of the Road Traffic Act, 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 reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act for the detention in the workhouse is that the defendant has been punished several times due to the same crime, but the defendant has driven less than the risk of a motor vehicle, and the driving distance at the time is not long, the defendant has not been prevented from committing the instant crime again while being detained for more than one month, and the defendant currently supports his family, such as his wife consciousness and his mother, while working as a street cleaners, and if the defendant is sentenced to a sentence, the sentence of suspended execution is somewhat invalidated.

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