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(영문) 광주지방법원 2020.12.10 2020고단5307

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 25, 2006, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act by the Gwangju District Court.

around 22:42 on October 12, 2020, the Defendant driven C food cars at approximately 3 km from the roads adjacent to the Nam-gu Gwangju-gu Magdong to the front side of the Seo-gu Seoul-gu Magdong-gu, with a level of 0.046% alcohol concentration.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and summary order statutes;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of fines for criminal facts

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is based on the defendant's records of the same crime (the fine of 700,000 won, the fine of 700,000 won, the fine of 2006), 0.046% of the blood alcohol concentration at the time of the crime of this case, the circumstances leading up to the defendant's drunk driving, the distance and place where the defendant driven under the influence of alcohol, and the circumstances before and after the crime of this case, and all of the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and conduct, and circumstances before and after crime.