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(영문) 광주지방법원 2020.09.24 2020고단888

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On September 8, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On February 23, 2020, the Defendant driven approximately 2 km from 03:13, Seo-gu, Seo-gu, Gwangju to the front road of the D Hospital located in the same Gu C, while under the influence of alcohol concentration of about 0.186%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Partial statement of the defendant;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of investigation reports (the same type of criminal records and attachment of written judgments of a suspect);

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. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order. Since the defendant's act constitutes a crime of this case in order to take women's child-friendly Gu into an emergency room because it is difficult to wait for the dispatch of the 119 emergency vehicle because women's child-friendly Gu was assaulted by his wife, the defendant's act constitutes a crime of this case. Thus, the illegality of the defendant's act is excluded. However, the defendant's and his defense counsel's assertion cannot be viewed as an emergency evacuation in light of all circumstances, such as the circumstance of this case, situation at the time of the crime

Based on the criminal records of the defendant with the reason of sentencing, the nature and risk of the crime of this case, the circumstances leading up to the crime (the fact that the defendant's female-friendly group committed the crime to transfer it to the hospital rapidly after suffering injuries), the criminal records of this case, the degree of taking, the family relationship, the health condition of the defendant, and the possibility of recidivism, the punishment as ordered shall be determined.