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(영문) 광주지방법원순천지원 2020.11.13 2020고단1084

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On August 20, 2010, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act from the Gwangju District Court’s Netcheon Branch on August 20, 201, and a summary order of KRW 4 million for the same crime from March 13, 2017, respectively.

At around 22:50 on April 17, 2020, the Defendant driven C 5 cars while under the influence of alcohol with approximately approximately 2.6km alcohol concentration of about 0.141% from the 2.6km section to the 'companionionion' located in the Mayang-si Port.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous records before ruling: Criminal records, etc., inquiry reports, investigation reports (Attachment to a summary order of the same kind of power), and application of Acts and subordinate statutes of each summary order;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, the selection of fines (such as the fact that the accused acknowledges a mistake and reflects the wrongness, the fact that there is no criminal record other than the previous three-time fines, and the fact that the vehicle is transferred while not re-offending the vehicle, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;