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(영문) 광주지방법원 2020.07.23 2020고단1936
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On September 2, 2011, the Defendant was issued a summary order of KRW 2 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

On April 8, 2020, the Defendant, while drunk at around 23:37, the blood alcohol concentration of 0.115%, driven the said vehicle from the entrance of the Seo-gu, Seo-gu, Gwangju to C, at approximately 30 meters away from approximately 30 meters.

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. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes related to investigation reports;

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. It appears that there are circumstances under which the defendant has been driven under influence due to the sudden situation caused by conflict with a substitute driver for the reason of sentencing under Article 334(1) of the Criminal Procedure Act. The defendant's records of the same crime, blood alcohol concentration at the time of the crime in this case, the background leading to the driving under influence, the distance and place of the driving under influence, and the defendant's mistake, and other sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and conduct, conditions before and after the crime in this case, shall be considered.

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