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(영문) 광주지방법원 2020.07.23 2020고단2649

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 May 23, 2020, at around 01:19, the Defendant driven a car in B on May 23, 2020, from around 1km to the monthly intersection located in the middle-tech area of Gwangju Mine-gu to about 0.113% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

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) 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 is that the defendant was punished as a drunk driving, but he again driven a drinking, caused water-free accidents, and the drinking water level of this case is high, and thus, the possibility of criticism and social risks are high.

However, in consideration of the fact that the defendant does not have a criminal record of a drunk driving in violation of Article 44 (1) of the Road Traffic Act, the defendant has no record of punishment for the last time and has no record of punishment heavier than imprisonment with prison labor, and the defendant repents his mistake, the defendant shall be punished by a fine.

The amount of the fine shall be determined as per the order within the scope of the punishment without discretionary mitigation, taking into account the above factors of sentencing.