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(영문) 광주지방법원 2017.08.29 2017고정1111
도로교통법위반(음주운전)등
Text

The sentence against the accused shall be 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On June 20, 2017, the Defendant, without having subscribed to mandatory insurance at around 01:02, driven Bsch-ton vehicles at approximately 50 meters from the entrance of the ice apartment that can be 1293, Nam-gu, Gwangju, Nam-gu, to the ice apartment parking lot that can be 1293, Nam-gu, Nam-gu, Nam-gu, and 0.09% alcohol concentration among blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to tea inquiries and mandatory insurance inquiries;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle which is not mandatory insurance), and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, the background and result of the instant crime; and (b) the circumstances after the instant crime, etc., the sentence is determined as ordered.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant scrapped the vehicle and does not commit a second offense.

The defendant has no record of punishment for drinking driving.

Unfavorable circumstances: The defendant is in need of strict punishment for such crime in light of the fact that he/she actually causes a traffic accident.

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