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(영문) 광주지방법원 2021.03.19 2021고단284

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On October 10, 2017, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act from the Gwangju District Court.

On January 13, 2021, while under the influence of alcohol level of 0.091% among blood transfusion around 22:30, the Defendant driven a dial car from approximately 2 km to the Southern-gu, Seo-gu, Gwangju metropolitan road.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. The circumstantial report on the driving of the defendant's oral statement;

1. A written inquiry about the result of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, and application of summary order No. 11129 of the Gwangju District Court Act (No. 2017 high-class 1129);

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

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

1. In light of the fact that the previous sentencing of Article 334(1) of the Criminal Procedure Act with the reason for the sentencing of Article 334(1) of the Provisional Payment Order is relatively short at time, and that there was a history of being punished by a fine for driving without a license in 2018, the criminal liability is not less strict, but is against the fact that the blood alcohol concentration is not high, there is no other criminal history than the above punishment power, there is no other criminal history except the above punishment power, and the disposal of the instant vehicle while eradicating the driving of drinking, the situation and process leading up to the driving of drinking of the instant case, the Defendant’s age, sexual behavior, environment, etc., are considered, and the punishment is determined as indicated in the order.