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(영문) 광주지방법원 2020.08.13 2020고단2191
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On August 13, 2010, the Defendant was issued a summary order of KRW 2 million by the Gwangju District Court due to the crime of violation of the Road Traffic Act.

On April 29, 2020, while under the influence of alcohol 0.097%, the Defendant driven a FMW car over a section of about 300 meters from the front of the C cafeteria located in Gwangju Mine-gu to the front of the E Park located in Gwangju Mine-gu.

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: Application of inquiries, such as criminal records, and criminal investigation reports (Attachment to a summary order of the same kind of power);

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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 sentencing period of Article 334(1) of the Criminal Procedure Act of the provisional payment order is the same criminal records of the defendant, blood alcohol concentration at the time of the crime in this case, the circumstances leading to the drunk driving, the distance and place of the drunk driving and the defendant's mistake are divided. Other factors such as the age, character and conduct of the defendant, circumstances before and after the crime in this case and all of the sentencing conditions shown in the records and arguments are considered.

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