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(영문) 광주지방법원 순천지원 2020.07.22 2019고단2755

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Criminal facts

On May 25, 2017, the Defendant was sentenced to a fine of KRW 7 million in the Gwangju District Court's Netcheon Branch for the crime of violation of the Road Traffic Act.

On November 6, 2019, at around 21:48, the Defendant driven a D low-speed car in the state of alcohol alcohol concentration of about 0.118% at the distance of about 2 km from the front of the same-dong, the same-sex Park, which is located in the Net City Do, to C in the front of the Macheon City B.

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 of judgment: Criminal records, inquiry reports, investigation reports (Attachment to previous records and written judgments, etc.), application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the selection of fines for criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is very negative that a defendant drives a vehicle while under the influence of alcohol even though he/she had a record of criminal punishment due to a drunk driving.

However, under the circumstances, such as the defendant's attitude to reflect in depth on his mistake, and the fact that the defendant is expected not to drive a drinking again, and is responsible for supporting a pregnant wife, the defendant's age, character, character, environment, criminal records, circumstances and results of the crime of this case, and the conditions of various sentencing as shown in the record shall be determined as ordered by taking into account the following factors.