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(영문) 광주지방법원 2020.05.14 2019고정1301

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On April 17, 2014, the Defendant was issued a summary order of KRW 4 million by the Gwangju District Court due to a crime of violation of the Road Traffic Act.

On November 11, 2019, the Defendant driven an E-high-est car at approximately 300 meters in front of the Gu, Seo-gu, Seo-gu, Gwangju apartment, while under the influence of alcohol of 0.040% of blood alcohol level around 23:17.

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. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)6 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing is to be sentenced to a fine more minor than that provided in the summary order after reducing the amount of the fine, taking into account the taking-off of drinking in this case, the criminal records by the defendant and equity in other cases;