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(영문) 전주지방법원 2020.07.23 2020고단68

도로교통법위반(음주운전)

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The sentence of a defendant shall be KRW 10,000,000.

When a fine is to be paid, it shall be confined in a workhouse for 100 days.

Reasons

Punishment of the crime

On January 16, 2016, the Defendant was sentenced to a fine of KRW 1,50,00 as a crime of violating the Road Traffic Act at the 35th general military court at the Army.

On December 25, 2019, at around 22:05, the Defendant driven an Etoscar car while under the influence of alcohol by about 0.043% of alcohol concentration in the section of approximately 300 meters from the front day of the “C,” “C,” which is located in Seojin-gu, Seojin-gu, Seoul, Seoul, to the front day of the same D’s hotel.

The Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Provisions of the Act on the Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The determination of a sentence under Article 334(1) of the Criminal Procedure Act against provisional payment order is recognized;

There is no criminal record except once a fine for a drunk driving.

Considering alcohol density and driving distance, the age, etc. of the defendant shall be taken into account.