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(영문) 광주지방법원 순천지원 2020.06.12 2020고단82
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 7, 2010, the Defendant received a summary order of KRW 1.5 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million from the same court on February 26, 2007 to the same crime.

On December 28, 2019, at around 14:28, the Defendant driven a DNA car in the direction of approximately 2 km from the front of the building B to the front road of the same city C, and while under the influence of alcohol concentration of about 0.061%, the Defendant driven a DNA car in the state of under the influence of alcohol.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and summary order statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines (in addition to fines on two occasions, there are no previous criminal records other than fines, and there are no previous criminal records after 2010, and the fact that the vehicle is scrapped and does not repeat the vehicle; consideration of driving circumstances of this case and the degree of blood alcohol concentration, etc. of this case);

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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