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(영문) 광주지방법원순천지원 2020.10.22 2020고단139

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 October 23, 2007, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for violation of the Road Traffic Act in the Gwangju District Court's net support.

【Criminal Facts】

On December 17, 2019, at around 03:05, the Defendant driven a DNA car with approximately 150 meters alcohol concentration of 0.121% while under the influence of alcohol at the section of approximately 150 meters from the front of the Yacheon City B to the front of the same city C.

Summary of Evidence

1. 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is as follows: (a) the Defendant’s blood alcohol concentration and age, character and behavior, environment, criminal records, motive, circumstances, means and consequence of the offense at the time of the instant case; and (b) the sentence as ordered is determined by comprehensively taking account of all the factors of sentencing as shown in