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(영문) 광주지방법원 2020.01.16 2019고단4105

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 October 30, 2006, the defendant was issued a summary order of 1.5 million won by the Gwangju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 20, 2019, at around 22:55, the Defendant driven a motor vehicle under the influence of alcohol at approximately 300 meters from the front of the “C Hospital” in Gwangju North-gu, Gwangju, to the front of the same D apartment, while driving a motor vehicle under the influence of alcohol at approximately 0.13% (blood collection value) of alcohol level.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. Previous conviction: Application of Acts and subordinate statutes governing the same kind of electric power;

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 sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is based on a comprehensive consideration of the criminal records of the defendant, the nature and risk of the crime of this case, the circumstances leading up to the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism as stated in the records and arguments of this case.