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(영문) 광주지방법원 2020.02.20 2020고단101

도로교통법위반(음주운전)

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[Criminal Power] On October 27, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 31, 2019, at around 21:28, the Defendant driven a e-learning vehicle under the influence of alcohol leveling 0.036% from approximately 400 meters from the road near the C convenience store in the Gwangju Mine-gu, to the D-ro in the Gwangju Mine-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc. and the application of one copy of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The punishment of a fine under Article 334(1) of the Criminal Procedure Act is not a high level of blood alcohol level on the grounds of sentencing of Article 334(1) of the Provisional Payment Order, taking into account the fact that the entire records of punishment of a fine once due to drinking driving prior to the instant crime are the entire records, and that the court recognizes

In addition, the details of the drinking driving, the distance and place of the drinking driving, the details of the control, the age, character and conduct, environment, circumstances after the crime, etc. shall be determined as the sentence as ordered.