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(영문) 광주지방법원 2014.05.01 2013고단6248
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

At around 21:00 on December 4, 2013, the Defendant, while under the influence of alcohol of 0.171% of blood alcohol concentration, driven a DNA car from approximately 20 meters away from the front of the “unfash restaurant,” located in the Yongsan-dong, Gwangju, to the front road of the “fash-dong”-dong, Yongsan-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is that the Defendant committed the instant crime in spite of the fact that the Defendant was punished by a fine due to the same crime as the instant crime, and that the degree of the Defendant’s taking of drinking driving in this case is considerably high to 0.171% in relation to drinking driving in this case, it is necessary to punish the Defendant strictly.

However, on the other hand, in full view of the following circumstances: (a) the Defendant’s mistake is divided and reflected in his mistake; (b) the Defendant’s previous offense is the Defendant’s previous offense on November 1, 2005; and (c) the Defendant does not have any other previous offense for drunk driving; and (d) other circumstances, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the offense; and (e) the circumstances after the offense, etc., on which the sentencing conditions specified in the instant pleadings

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