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(영문) 광주지방법원 2014.10.02 2014고정1430
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 18:20 on June 21, 2014, the Defendant driven B gallon vehicle from approximately 500 meters to the front road of Gwangju High School to the same city from the front day of the galsium in the vicinity of the Dong-dong Gamdong-dong, Gwangju High School, while under the influence of alcohol by 0.196% of alcohol level.

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is recognized that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Korea Criminal Procedure Act of the order of provisional payment is that the defendant's mistake is divided and reflected in the sentencing, the defendant is currently working on the daily working day for electrical construction, supports children and their offspring, and the defendant seems to have economic difficulties, such as spine operation.

However, on the other hand, in relation to the drinking driving of this case, the degree of the Defendant’s drinking alcohol is considerably high at 0.196%, and the amended Road Traffic Act as of June 8, 201 provides that a strict punishment shall be imposed when driving under the influence of alcohol for the purpose of preventing the driving under the influence of alcohol which threatens the safety of the road traffic and ensuring the awareness of it. In full view of the equity with other similar cases, the equity with other similar cases, the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and all other circumstances constituting the conditions for sentencing as specified in the instant pleadings, such as the Defendant’s age, character and behavior, environment, motive and circumstance after the crime, etc., the penalty as stated in the summary order cannot be deemed excessive,

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