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(영문) 광주지방법원 2021.03.18 2020고단6394

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of nine million won.

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

Reasons

Punishment of the crime

On January 24, 2014, the Defendant was issued a summary order of KRW 1 million by the Gwangju District Court as a violation of the Road Traffic Act (drinking driving).

On December 1, 2020, the Defendant driven at around 15:10, the 15km section from the front road located in the Gwangju Mine to the front road of the Dogdong-gun in the Namcheon-gun, the Defendant driven a C salary class Ⅲ and 1 ton cargo vehicle with alcohol concentration of 0.059%, while under the influence of alcohol at the 15km section from the front road in the Gwangju Mine-gu 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. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the defendant's records of the same crime, the degree of alcohol in blood, the circumstances leading to the driving of alcohol, the distance and place of the driving of alcohol, and the fact that the defendant separates his/her mistake at the time of the crime of this case, and all the sentencing conditions shown in the records and arguments of this case, including the defendant's age, sexual conduct, and circumstances before and after the crime, shall be determined as ordered.