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(영문) 광주지방법원 순천지원 2021.01.29 2020고단2591

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

Criminal facts

On November 5, 2007, the Defendant was issued a summary order of KRW 500,000 as a crime of violating the Road Traffic Act by the Gwangju District Court.

On September 24, 2020, the Defendant driven a mixed-use vehicle under the influence of alcohol content of about 0.107% at the distance of about 5 km from the Do in front of the main station C, where it is impossible to identify the specific address of around 21:27, the Defendant driven a D-type vehicle under the influence of alcohol level of about 0.107% at the distance of about 5 km before the police box of Northwest located in the center of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Previous convictions made in inquiry as a result of the circumstantial statement report of a driver driving a drinking driver, or control of drinking driving: Application of an inquiry letter, such as criminal history, and a written order for summary issuance;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning 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 under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment is that the defendant once he/she drives under the influence of alcohol despite his/her past record of criminal punishment due to the driving of alcohol.

However, the defendant seems to have a profound attitude against his mistake, and again does not drive drinking again.

The defendant's age, sex, environment, family relationship, criminal history, circumstances and results of the crime of this case, etc. shall be comprehensively considered in the circumstances such as the sale of the vehicle possessed by him/her for at least ten years before the judgment, and the punishment as ordered shall be determined by taking into account various factors of sentencing as shown in the records.