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(영문) 광주지방법원 2021.03.25 2020고단6598

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 27, 2009, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act by the Gwangju District Court.

On December 18, 2020, the Defendant driven B-low-scale car under the influence of alcohol leveling 0.138% in alcohol level from the front of the restaurant that was not aware of the trade name in the Seo-gu Pamamamamamb, Seo-gu, Gwangju to the Nam-gu 2 Fambro-ro, Nam-gu, Gwangju to the front road.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A statement about the circumstances of the driver who takes charge of drinking restrictions;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to inquire into crimes, such as criminal history, and to report on investigation (a summary order accompanied);

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 does not mean that the criminal defendant was punished for the same kind of crime, even though he had the record of being punished for the past, and again commits the crime of this case. However, although the criminal defendant is against the recognition of the crime of this case, the defendant has recently been at the interval between the criminal record of driving alcohol, and other factors of sentencing as shown in the argument of this case, such as the defendant's age, sex behavior, environment, and circumstances after the crime, shall be comprehensively considered to determine the punishment as ordered.