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(영문) 광주지방법원순천지원 2020.11.25 2020고단2422

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On January 2, 2012, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act from the Gwangju District Court’s Netcheon Branch.

【Criminal Facts】

At around 23:20 on September 8, 2020, the Defendant driven an Eststren vehicle under the influence of alcohol concentration of about 0.147% from the 600-meter section from the front of the Cju shop in Friend City B to the front of the D apartment in Friend City.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Investigation report (report on the circumstances of an immigration driver);

1. Criminal records as indicated in the judgment: Application of one copy of the summary order issued in one summary order, such as criminal records, etc.;

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. 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 recognizes and reflects the instant crime, the Defendant’s blood alcohol concentration level is equivalent to 0.147%, and the Defendant’s responsibility cannot be deemed to be less than that of the Defendant inasmuch as the Defendant re-offendered even though he had been sentenced to a fine due to the crime of violating the Road Traffic Act of 2012.

However, the first time on the day of the instant case, the circumstance that the Defendant appears to have been seeking to use the substitute driving, is partly considered in sentencing.

In addition, social harm caused by drunk driving is very serious and thus it is necessary to strictly punish it. The defendant's background leading to drunk driving in this case, blood alcohol concentration and driving distance in this case, the circumstances leading to detection of the crime of drinking driving in this case, the defendant's age, character and conduct, criminal records, and interval between past and past crimes, etc.