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(영문) 광주지방법원순천지원 2020.10.22 2020고단120

도로교통법위반(음주운전)

Text

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

When the defendant does not pay the above fine, it shall be for 100 days.

Reasons

Punishment of the crime

[Criminal Power] On February 26, 2015, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Gwangju District Court’s net support.

【Criminal Facts】

On January 13, 2020, at around 03:19, the Defendant driven CK9 car under the influence of alcohol with approximately 6km alcohol concentration of about 0.104% from the Do in front of the bus terminal in the summer-dong in the summer-si to the roads in front of the B apartment in the summer-si.

Summary of Evidence

Defendant’s legal statement

1. Statement on the circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44(1) of the former Road Traffic Act (wholly amended by Act No. 17371 of Jun. 9, 2020), the selection of a fine for a crime, and the selection of a fine

1. Articles 70(1) and 69(2) of the Criminal Act (amount of money to be converted to a kindergarten: 100,000 won per day);

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order has the record of being sentenced to a fine for the same offense, but there is no record of being sentenced to criminal punishment exceeding the fine, taking into account all the factors of sentencing as shown in the trial process of the instant case, such as the Defendant’s age, character and conduct, environment, motive, circumstance, means and consequence of the crime, and the circumstances after the crime, etc.,