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(영문) 광주지방법원 2020.09.15 2020고정779

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At around 18:00 on October 27, 2017, the Defendant driven CEXF car at approximately six meters on the front road of the Gwangju Mine-gu, Gwangju, while under the influence of alcohol of 0.228% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

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

1. Although the distance of the defendant's vehicle for the reason of sentencing under Article 334 (1) of the Criminal Procedure Act is short, considering the statutory penalty and the sentencing guidelines according to the drinking water of this case, it cannot be deemed unfair because the amount of the fine specified in the summary order cannot be deemed unreasonable. Thus, the amount of the fine shall be maintained as it is.