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(영문) 광주지방법원 2019.10.24 2019고단3432

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

Punishment of the crime

On August 26, 2019, the Defendant was under the influence of alcohol at around 21:50 and at least 0.278% of alcohol concentration, and was driving a F rocketing car at approximately KRW 200 meters from the front of the “C Hospital” parking lot in Seo-gu, Seo-gu, Gwangju to the front of the E-Road in Gwangju-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the report on the circumstantial statement and internal investigation report of a host driver;

1. Relevant Article of the Act and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of a fine concerning the crime, the selection of a fine;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is high in blood alcohol concentration at the time of driving under the influence of alcohol of this case. However, a fine shall be decided in favor of the defendant, who had lived faithfully before the crime of this case without any previous conviction, and the fact that the defendant is seriously against the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account various circumstances, such as the motive for drinking alcohol driving, the place and distance where drinking alcohol driving is conducted, the circumstances after committing the crime, the defendant's age, character and conduct, and the environment.