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(영문) 광주지방법원 순천지원 2021.03.25 2020고단3061
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 November 22, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Gwangju District Court’s net support on November 22, 201, and on November 28, 201, the Defendant was issued a summary order of KRW 1 million for the same crime in the same court.

On October 30, 2020, at around 21:50, the Defendant driven a driver’s vehicle B with the alcohol concentration of about 400 meters from a public parking lot in front of the Jindoon Park, which is located in the relevant Siri-dong, to the front road of the Agricultural Technology Center located in the same Siri-dong 840-13, in approximately 400 meters away from the public parking lot in front of the relevant Siri-dong.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on driving alcohol (2020-6 - 1804-501013);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (verification of the same type of force);

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the selection of fines for criminal facts;

1. Articles 53 and 55(1)6 of the Criminal Act for the Reduction of Quantity (see, e.g., that the drinking value is not higher than 0.046%; that a person drives a vehicle with an urgent mind that he/she is waiting for an agent in an open situation after he/she has raised an infant and waits for an agent in an open situation; and that the defendant reflects the wrongness of the person;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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