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(영문) 광주지방법원 2020.01.22 2019고단4954

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On February 1, 2008, the defendant was issued a summary order of one million won for the crime of violation of the Road Traffic Act at the Gwangju District Court.

On November 19, 2019, at around 23:35, the Defendant driven an EM car with approximately 500 meters alcohol concentration 0.043% under the influence of alcohol on the roads near Seo-gu, Seo-gu, Gwangju to the front road of the building in Gwangju-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous conviction: Application of the Acts and subordinate statutes of inquiry letter and a copy of summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Fine)

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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 although the defendant was punished by a fine of one million won for driving under the influence of alcohol in 2005 and 2008, he/she is not liable for driving under the influence of alcohol again. However, there is no history of punishment exceeding the fine; the record of the above punishment is about 11 years; the interval between the time between the above punishment and the crime of this case is about 11 years; the blood alcohol concentration (0.04%) is low and the blood alcohol concentration (50 meters) is relatively short; and other sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, and conditions after the crime, shall be comprehensively considered.