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(영문) 광주지방법원 2020.10.29 2020고단4327
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On August 16, 2013, the Defendant was issued a summary order of KRW 700,000 by the Seoul Eastern District Court as a crime of violating the Road Traffic Act.

At around 04:40 on August 9, 2020, the Defendant driven an EG70 car from the Seo-gu parking lot located in Gwangju to about 10m from the D to the front road located in Gwangju Seo-gu, Seo-gu, about 0.131% of alcohol level.

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. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, investigation reports, and application of summary order-related Acts and subordinate statutes;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant moved a vehicle parked in the defendant's house parking lot at a 10-meter movement upon the defendant's request, there are circumstances that may be considered in the circumstances where the driving of drinking, the defendant has been punished for driving under drinking once, there are considerable time and interval from them, but the defendant does not have any punishment heavier than a fine for the same kind of crime, the defendant is divided into his mistake, and all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and behavior, and circumstances before and after the crime, etc., shall be determined like the order.

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