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(영문) 광주지방법원 장흥지원 2020.05.07 2019고단281
도로교통법위반(음주운전)
Text

A defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[criminal power] On August 3, 2016, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act in the Gwangju District Court's support for the promotion of the head of Gwangju District Court on four occasions in total.

【Criminal Facts】

On December 3, 2019, at around 21:40, the Defendant driven a B-hand motor vehicle with approximately KRW 500 meters alcohol concentration of 0.062% in alcohol from the front of the Office of Heung-gun and the front road of the Office of Heung-gun, Seoul, to the road located in 83 Eup/Myeon in the same Eup/Myeon.

Accordingly, the Defendant violated the duty of prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (attached to summary orders of the same kind of case);

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a crime that may result in not only his/her own life but also another person's life, and the criminal defendant committed the crime in this case during the period of suspension of execution, and the defendant committed the crime in this case while his/her mistake, the defendant was sentenced to a fine three times due to the violation of the Road Traffic Act (driving) and the defendant was sentenced to a suspended sentence one time, but there was a considerable period of time after the suspended execution of sentence, the sentence shall be determined as ordered in consideration of all sentencing factors indicated in the arguments of this case, such as sentencing balance with the same case, balance with the sentencing, the defendant's age, character and behavior, environment, health condition, motive and consequence of the crime, etc.

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