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(영문) 광주지방법원 2020.06.04 2020고단226

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 15, 2016, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

On December 28, 2019, around 00:54, the Defendant driven a clater-car under the influence of alcohol concentration of about 0.087% from the B underground parking lot to the entrance of the same ground parking lot in the same building from the B underground parking lot to the entrance of the same building.

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. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. CCTV video CDs;

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

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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. Article 334(1) of the Criminal Procedure Act provides that the defendant with the reason for sentencing of the provisional payment order has committed the instant crime again despite the fact that he/she had committed the same kind of crime.

However, the defendant is driving a vehicle in the underground parking lot of a building with the intention to face a proxy driving engineer at the entrance of the parking lot, and the distance of actual driving is only 15 meters, and other circumstances such as the blood alcohol concentration at the time of the crime of this case, the defendant's mistake is divided, and all of the sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and conduct, and circumstances before and after the crime, shall be determined as ordered.