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(영문) 광주지방법원 2020.05.21 2020고단648

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 August 17, 2015, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act by the Gwangju District Court.

At around 05:00 on January 27, 2020, the Defendant driven a C low-priced car at approximately 5km from around the alcohol house in the name of Seo-gu, Seo-gu, Gwangju to the front of the B apartment at the same time, while under the influence of alcohol level of 0.109%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous record: Application of Acts and subordinate statutes to the accused's legal statement, criminal record inquiry;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a 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 is that the defendant was punished for driving under drinking, and the drinking water of this case is also high, so the possibility of criticism and social risks are high.

However, the Defendant did not cause an accident at the time of committing the instant crime; the Defendant did not have any record of punishment other than a one-time drinking driving record; and the Defendant sold the instant vehicle to the Defendant, etc., and the Defendant has the intent to comply with the instant law, which was the Defendant, transferred the vehicle to his mother on April 3, 202, but has been assigned

5.4. It was transferred to a used car dealer.

The defendant shall be sentenced to a fine in consideration of circumstances.

The amount of the fine shall be set at the lower limit of the penalty that has not been mitigated in consideration of the above factors of sentencing.