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(영문) 광주지방법원 2020.05.28 2020고단935

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 12, 2020, the Defendant driven a D-cr cruise car at approximately 5 km from front of the Dong heart Park for Children, which is located in Gwangju Mine-ro 52 degrees, in the state of alcohol of 0.25% of blood alcohol concentration around 22:0,00.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of E and F;

1. A traffic accident report;

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

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)6 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reveals that the Defendant was driving in the state of exploitation, resulting in the occurrence of an accident, and thus, there is a high possibility of criticism.

However, a fine shall be imposed on a defendant in consideration of the fact that the defendant was punished by a fine due to a failure to take a measure after an accident for about 20 years, and that there was no other record of punishment, and that the defendant is repenting of a mistake.

The amount of fine shall be determined within the scope of the sentencing guidelines according to the criminal records of the accused and the sentencing guidelines according to the drinking water of this case, and shall be determined as the disposition within the scope of the sentencing guidelines.