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(영문) 광주지방법원 2020.08.11 2020고단2680

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 November 15, 2013, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the Gwangju District Court.

At around 23:40 on May 20, 2020, the Defendant driven a Crens car at approximately 1km section from the address in Seocheon-dong, Seocheon-gu to the front side of Gwangju Northern-gu, Seocheon-gu, Gwangju, with a alcohol level of 0.085%.

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 records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (applicable before and after a suspect's drunk driving is reported once);

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)6 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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 that the defendant, even though he was punished as a drunk driving, has a high possibility of criticism and social risks.

However, it cannot be deemed that the drinking water of this case is higher than other cases, considering the fact that there is a little interval between the criminal record of the defendant's drinking driving and the date of the crime of this case, there is no other punishment except that of the defendant who has been punished once driving, and the defendant repents the wrong facts, a fine shall be imposed on the defendant.

The amount of the fine shall be determined as per the order within the scope of the sentencing, after reducing the amount in consideration of the above sentencing factors favorable to the defendant.