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(영문) 광주지방법원순천지원 2020.12.03 2020고단616

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, it shall be for 100 days.

Reasons

Punishment of the crime

[Criminal Power] On October 24, 2016, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act in the Gwangju District Court’s net support on October 24, 2016.

【Criminal Facts】

On March 5, 2020, at around 21:49, the Defendant driven a F low-speed car in the state of alcohol alcohol concentration of about 0.042% from the 1km section from the front of C in the Net City B to the front of E in the Net City D.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

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

1. Relevant Articles 148-2 (1) and 44(1) of the former Road Traffic Act (wholly amended by Act No. 17371 of Jun. 9, 2020), the selection of a fine for a crime, and the selection of a fine

1. Articles 70(1) and 69(2) of the Criminal Act (amount of money to be converted to a kindergarten: 100,000 won per day);

1. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing of the Defendant’s blood alcohol concentration and age, character and conduct, environment, criminal records (at the time of the instant case, there is no record of criminal punishment exceeding a fine, but there is no record of criminal punishment exceeding a fine), and the circumstances after the crime, etc. shall be determined as ordered by comprehensively taking into account all the factors of sentencing specified in the trial process of the instant case