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(영문) 광주지방법원 2020.05.28 2020고단894

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On February 16, 2020, the Defendant driven a benz car in the section of about 20km from the 20km to the front road of the Honam Highway 65.2km, which is located in the Changyang-gun, Seo-gu Standing Zone, on the one hand, at around 02:59 the blood alcohol concentration of 0.197%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment led to a very serious danger, such as driving on an expressway in the condition of detention.

However, in consideration of the fact that the defendant has no record of punishment so far, that the defendant did not cause an accident during the driving of this case, and that the defendant repents his mistake late, the defendant shall be sentenced to a fine.

The amount of the fine shall be determined as per the order by taking into account the sentencing criteria according to the drinking water level of this case.