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(영문) 광주지방법원 2021.01.21 2020고단5502

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On April 5, 2017, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Gwangju District Court.

On September 27, 2020, the Defendant driven D Launa car from approximately 5km to the roads prior to the Health Insurance Review Evaluation Institute, located in Gwangju Mine District B, with alcohol concentration of 0.071%, while under the influence of alcohol during blood transfusion around 21:53, to the roads prior to the 210th Preferred to in the same Gu.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of the drinking control;

1. Statement of comparison;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was punished once on account of driving under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act in the past, and the Defendant committed again the instant crime, but not the liability for the instant crime. However, the Defendant’s recognition of the instant crime is against the Defendant, and there is a little time interval between the Defendant’s previous conviction for driving alcohol and the date of the instant crime, and the Defendant’s age, sex behavior, environment, and circumstances after the instant crime are considered comprehensively, and the sentence is determined as per the order.