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(영문) 광주지방법원 순천지원 2020.04.16 2019고단2395

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 70 days shall apply.

Reasons

Punishment of the crime

[Criminal Power] On June 16, 2011, the Defendant was sentenced to a fine of KRW 2.5 million for the violation of the Road Traffic Act in the Gwangju District Court’s net support.

【Criminal Facts】

On September 24, 2019, at around 22:05, the Defendant driven a DNA car with alcohol level of about 0.149% under the influence of alcohol at the 1km section from September 24, 2019 to the roads in front of the same time X-dong X-do.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment to the same criminal records);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the selection of a fine for negligence;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by comprehensively taking into account the following circumstances as well as the Defendant’s age, character and conduct, environment, motive, background, means and consequence of the crime, and the circumstances after the crime was committed.

The defendant has a record of being subject to criminal punishment for a crime of drunk driving in the past.

At the time of the instant crime, the Defendant’s blood alcohol concentration reaches 0.149% and was relatively high.

A favorable circumstances: The defendants recognize all crimes and repent their errors.

Simple drinking driving was done, and it did not lead to the actual accident.