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(영문) 광주지방법원 2020.07.23 2020고단2110

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of nine million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 30, 2010, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the Gwangju District Court.

around 01:40 on April 23, 2020, the Defendant driven an E 3-car under the influence of alcohol concentration of about 0.102% at the 10km section from the front of the “C” restaurant located in Gwangju Mine-gu, Gwangju to the front of the D apartment in the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (applicable to the same type of criminal records and attachment of judgment);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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 for the detention of a workhouse;

1. The sentencing period of Article 334(1) of the Criminal Procedure Act of the provisional payment order is the same criminal records of the defendant, blood alcohol concentration at the time of the crime in this case, the circumstances leading to the drunk driving, the distance and place of the drunk driving and the defendant's mistake are divided. Other factors such as the age, character and conduct of the defendant, circumstances before and after the crime in this case and all of the sentencing conditions shown in the records and arguments are considered.