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(영문) 광주지방법원 해남지원 2019.11.28 2019고단385

도로교통법위반(음주운전)

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On February 23, 2010, the Defendant received a summary order of KRW 2 million for the crime of violation of the Road Traffic Act in the Gwangju District Court's support for the Maritime Court.

【Criminal Facts】

On September 24, 2019, at around 19:40, the Defendant driven a D motorcycle while under the influence of alcohol of about 1km from the 5-day road in front of the five-day city to the three-way road in Yido-Eup, Yido-Eup, Yido-gun, to the three-day road in front of the five-day market to the three-way road in B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and inquiry into the results of the crackdown on drinking;

1. Previous records of judgment: 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 53 and 55 (1) 3 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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had been punished three times by a fine for the same kind of crime (199, 2005, 2010), the criminal liability for driving under the influence of drinking is not somewhat weak.

However, at the time of the defendant, the blood alcohol concentration (0.039%) of the blood alcohol concentration (0.039%) exceeds a certain level of the standard value of the drunk driving prohibited by the Road Traffic Act, the defendant has driven a motorcycle under the influence of alcohol, and the occurrence of traffic accidents has not occurred, and all of the sentencing conditions shown in the arguments, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined as ordered.