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(영문) 광주지방법원 2020.06.04 2020고단434

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On April 4, 2019, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

On January 27, 2020, at around 22:05, the Defendant driven a DM5 car while under the influence of alcohol content of about 0.096% at the 1km section from the front road in Seo-gu, Seo-gu, Gwangju to the lower end of Seo-gu, Seo-gu, Seo-gu.

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 statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records of judgment: Application of inquiry reports and investigation reports (Attachment to a summary order of the same kind of crime), such as criminal records;

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

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 of the provisional payment order has the same record as the defendant, and committed again the crime in this case only once a year from the date of the same kind of crime. However, in consideration of the circumstances such as the fact that there is no particular record of crime other than the same kind of crime, and the defendant is divided into his mistake, the degree of blood alcohol alcohol level at the time of the crime in this case, the circumstances where a drunk driving was conducted, the course and place where a drunk driving was conducted, the age of the defendant, character and conduct, and circumstances before and after the crime in this case, the punishment shall be determined as ordered.