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(영문) 광주지방법원 2020.02.05 2019고단5330

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 17, 2010, the Defendant was issued a summary order of KRW 1 million by the Ulsan District Court due to a violation of the Road Traffic Act.

On November 26, 2019, at around 22:20, the Defendant driven an E rocketing car with approximately 500 meters alcohol concentration of 0.036% from the front of the apartment parking lot in Gwangju North-gu, Gwangju, to the front of the D, located in Gwangju North-gu, while under the influence of alcohol concentration of about 500 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Fine)

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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a history of being punished for driving under the influence of alcohol in 2010, there is no history of punishment except the above punishment, and the distance between the above punishment records and the time distance between the driving under the influence of alcohol in this case is about nine years, and the blood alcohol concentration (0.036%) is relatively short and the distance of driving under the influence of alcohol (500 meters) is relatively short, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant’s age, character and behavior, environment, and conditions after the crime, shall be comprehensively taken into account.