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(영문) 광주지방법원 2013.04.04 2013고단721
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[criminal power] On March 9, 2007, the Defendant was sentenced to a fine of one million won for a crime of violation of the Road Traffic Act at the Gwangju District Court on March 9, 2007, and a fine of five million won for the same crime at the same court on January 26, 2012.

【Criminal Facts】

On January 29, 2013, the Defendant, while under the influence of alcohol by 0.085% without a driver’s license, driven a Bpppon vehicle in the section of approximately 100 meters from the Do in front of the Do in Gwangju Northern-dong to the front road of the water flow-dong in Gwangju-gu, the Defendant driven a Bpon vehicle in the section of about 100 meters from the Do in front of the water flow-dong in Gwangju-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Judgment division: Application of Acts and subordinate statutes to inquiry and inquiry reports;

1. Relevant provisions of Article 148-2 (1) 1, 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 of the Road Traffic Act and Articles 152 and 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 and 69(2) of the Criminal Act is that the defendant was driving in the state of drinking alcohol concentration of 0.085% without a driver's license, and the defendant was punished four times for the crime of drinking driving like the crime in this case, and even if he had been punished four times due to the crime of drinking driving in the same kind as the crime in this case, the crime in this case was repeated within the next short period, it seems that the defendant requires strict punishment against the defendant. However, the defendant is grehing and opposing his mistake in depth. However, although the defendant was punished for a fine of 19 times, there was no history of punishment exceeding a fine for the same kind of crime, but there was no history of punishment for the same kind of crime. The defendant again sold his motor vehicle to another person; the motive, means and result of the crime in this case; the defendant's motive, means and result after the crime in this case; the defendant's age, character and behavior.

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