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(영문) 광주지방법원 순천지원 2021.02.17 2020고단3321

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

[criminal history] On July 22, 2020, the Defendant received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court.

[2] On December 3, 2020, the Defendant: (a) on December 3, 2020, as stated in the indictment in Busan Dong-gu, Busan is deemed to be a clerical error in the Dong-gu; and (b) the Defendant’s correction is made.

From the end of the day to the end of the 94.4km of the South-west Highway, approximately 50km section was driven by B 140-% alcohol concentration while under the influence of alcohol level 0.097% during blood without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Records of the judgment: Application of an inquiry letter, such as criminal history, and an investigation report (A) and Acts and subordinate statutes attached to the same criminal record and summary order;

1. Article 148-2 subparag. 1, Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense (a point of driving without a license)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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 is that the Defendant, while under the influence of alcohol, was driving on an expressway and set up a vehicle on the road and locked the vehicle on the road. Such an act is an act that may cause a serious danger to human life.

The social harm caused by drinking driving is very serious and thus it is necessary to strictly punish it, and the defendant's blood alcohol concentration is 0.097% low.

subsection (b) of this section.

In particular, the defendant is highly likely to be criticized in that he/she repeats the crime within a short period, even though he/she was punished by a fine on July 2020 as stated in the records of the crime.