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(영문) 광주지방법원장흥지원 2020.12.24 2020고단271
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On December 11, 2009, 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.

【Criminal Facts】

On October 20, 2020, at around 20:25, the Defendant driven a benz car under the influence of alcohol content of about 0.087% from the 500-meter section from the front of C in Gangnam-gun, Gangnam-gun, to the front of E in D.

Accordingly, the defendant violated his duty not to drive alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of power) and 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 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order increases the risk of citizens' traffic safety and thus requires strict punishment. The defendant is in depth of his mistake and faithfully living as a certified sports leader. The considerable period of time has elapsed since the defendant was sentenced to a fine due to drunk driving in 2009. The defendant's balance in sentencing with the same crime, criminal records, criminal records, criminal records, background of the crime, the degree of the crime, the criminal age, family relationship, health status, and various conditions of sentencing shown in the records and arguments of this case shall be comprehensively considered.

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