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(영문) 광주지방법원 2021.02.05 2020고단5796

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On March 14, 2016, the Defendant was issued a summary order of KRW 5 million by the Gwangju District Court due to a crime of violating the Road Traffic Act.

On November 7, 2020, the Defendant driven a car in Ftech at approximately 100 meters away from the front of the cafeteria “C” restaurant located in Gwangju-gu, Seo-gu to E in Gwangju-gu, while under the influence of alcohol leveling to 0.090% of alcohol level during blood transfusion around 22:23, 2020.

Summary of Evidence

1. Report on the circumstances under which the defendant has placed a legal statement;

1. Notification of the circumstantial report made by a driver driving a drinking driver and the results of regulating drinking;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment shall be determined by taking into consideration the time interval with the previous records of driving alcohol, the degree of alcohol concentration during blood, the circumstances and processes leading to driving alcohol, etc., as described in the text;