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(영문) 전주지방법원 남원지원 2020.05.19 2020고단43

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

[criminal power] On October 1, 2010, the Defendant received a summary order of KRW 2,50,000 from the Suwon District Court to a fine of KRW 2,50,000 as a crime of violation of the Road Traffic Act, and on April 29, 2016, a summary order of KRW 2,00,000 as a fine of KRW 2,00 for the same crime from the Southern District Court’

【Criminal Facts】

On February 5, 2020, at around 01:58, the Defendant driven a car under the influence of alcohol of 0.158% from a section of approximately 1km to the road near the upper village of 246-6 located in the upper village of the same military, from the front of the B apartment in the Jeon Chang-gun of North Korea to the road near the upper village of the same military.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: References to criminal records, investigation reports (verification of the same attached records), copies of summary order, and application of two Acts and subordinate 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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of applicable sentences under law: Fines of 10 million won to 20 million won;

2. Determination of sentence: The sentence shall be determined as ordered by taking into account the following circumstances, taking into account the Defendant’s age, environment, motive for committing a crime and circumstances after committing a crime, taking into account various factors of sentencing as shown in the pleadings of this case, including the Defendant’s age, motive for committing a crime and circumstances after committing a crime.

[Unfavorable circumstances] The drinking driving is necessary to strictly punish a crime that may cause serious damage to another person's life, body, or property.

The defendant has been punished twice as a drinking driving crime, and the last one has committed the crime of this case before the lapse of four years from the time of punishment.

At the time of the instant crime, the blood alcohol concentration of the Defendant was also very high.

【Dissecing circumstances】 The Defendant recognized the instant crime, and disposed of his own vehicle for the purpose of preventing recidivism.

(e).