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(영문) 광주지방법원 2021.02.05 2020고단5788

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On November 29, 2017, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act by the Gwangju District Court.

On October 17, 2020, the Defendant driven an E rocketing car over approximately 400 meters from the roads located in Gwangju Northern-gu B to the front side of the entrance of the Gwangju Northern-gu D next parking lot, while under the influence of alcohol level of 0.058% among blood transfusion around 05:00.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. A written investigation into the actual state of the defendant's legal statement;

1. Report on the circumstances of a driver making a drinking, and notification of the results of regulating drinking, on the scene of accident;

1. Investigation reports related to drinking accidents;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (report on confirmation of the same case);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that an accident occurred while the defendant drives alcohol, and that the distance between the previous force of drinking alcohol and the previous force of drinking alcohol is not significant.

However, the fact that the defendant is led to confession, the alcohol concentration in blood is not high, and the fact that the accident is relatively minor, is favorable.

In addition to the above circumstances, the punishment as described in the order shall be determined in consideration of the circumstances and process leading to driving of drinking, the age, sex, occupation, and environment of the defendant, etc.