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(영문) 광주지방법원 2020.06.11 2020고단363

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 March 9, 2007, 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.

On January 16, 2020, at around 23:16:00, the Defendant driven a Dexton car from approximately 3 km to the south-gu roads in Gwangju-gu, Nam-gu, Gwangju-gu, with a blood alcohol concentration of 0.101%.

As a result, 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: Application of inquiries, such as criminal records, and summary order 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 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, the blood alcohol concentration and numerical value at the time of the crime in this case, the background leading up to the drunk driving, the distance and place of the drunk driving and the defendant's mistake are divided, and the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the records and arguments, such as the age, character and conduct of the defendant, and circumstances before and after the crime in this case.