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(영문) 광주지방법원목포지원 2020.08.11 2020고단167
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

[Criminal Power] On April 13, 2018, the Defendant was issued a summary order of KRW 2 million by the Seoul Eastern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

around 16:00 on September 11, 2019, the Defendant driven the F K7 car referred to in paragraph (1) at approximately 2 km section from “C” to E in front of the road located in Heposi-si D, in a state of alcohol of 0.042% of blood alcohol concentration.

As a result, the Defendant, who violated the prohibition of driving under the influence of alcohol at least once, was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Report on the occurrence of a traffic accident, actual condition survey report, accident site, vehicle photographs, and investigation report (related to the victim's telephone investigation);

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes of one 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 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The circumstances that are favorable to the necessity of strict punishment for the act of drunk driving in light of the social danger of drunk driving and the purport of the revision of the Road Traffic Act, in which statutory punishment is raised, are recognized and reflected; the fact that there is no record of an excessive crime of fines; and all the sentencing conditions specified in the records and arguments, including the degree of the offender’s age, character and behavior, environment, circumstances after the crime, etc. are considered.

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