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(영문) 광주지방법원 2020.06.23 2020고단1026

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On August 14, 2006, the defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court for the crime of violation of the Road Traffic Act.

On February 10, 2020, the Defendant was under the influence of alcohol of 0.047% from blood alcohol level around 09:20, the Defendant driven a vehicle with C highest-est car at approximately 17km from the front of Seo-gu, Gwangju Metropolitan City to the front of the Forest Resources Research Institute at 1293, Seo-gu, Seo-gu, Seo-gu, Seoul Metropolitan 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. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and summary order-related Acts and subordinate statutes;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the sentencing of the instant case, taking into account the following factors: (a) the degree of blood alcohol content at the time of the instant crime; (b) the background leading up to the drunk driving; (c) the distance and place during which the instant crime was committed; and (d) there is a considerable interval between the Defendant and the previous crime; (b) the Defendant’s mistake is divided; and (c) the Defendant’s age, character and conduct, and circumstances before and after the instant crime, and