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(영문) 광주지방법원 2020.07.23 2020고단1926

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 1, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and was sentenced to a fine of KRW 1.5 million by the same court on September 27, 2011.

On April 4, 2020, at around 21:55, the Defendant driven a Flearning car under the influence of alcohol concentration of 0.115% from the front road in Gwangju Northern-gu B to the front road in Gwangju Northern-gu D.

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. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records of judgment: Application of two copies of inquiry reports, summary orders, etc., including criminal records, etc.;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The sentencing period of Article 334(1) of the Criminal Procedure Act of the provisional payment order is the same criminal records of the defendant, blood alcohol concentration at the time of the crime in this case, the circumstances leading to the drunk driving, the distance and place of the drunk driving and the defendant's mistake are divided. Other factors such as the age, character and conduct of the defendant, circumstances before and after the crime in this case and all of the sentencing conditions shown in the records and arguments are considered.