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(영문) 광주지방법원 2020.04.23 2019고단5079
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On August 22, 2016, the Defendant was issued a summary order of KRW 1.5 million by the Jeonju District Court for the crime of violation of the Road Traffic Act.

On November 17, 2019, at around 18:24, the Defendant driven a D low-speed car from approximately 500 meters away from the front of a restaurant in the trade name in Nam-gu, Nam-gu, Gwangju to C, while under the influence of alcohol at 0.089% 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 traffic accident report;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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 was punished as a drunk driving, and thus, the possibility of criticism and social risks are high.

However, in consideration of the fact that the drinking water in this case was no higher than other cases, and that the defendant was punished once due to the above drinking driving, and there is no other record of punishment, etc., a fine shall be imposed on the defendant.

The amount of the fine shall be determined as the lowest amount that has not been mitigated in consideration of the defendant's age, environment, etc. as well as the defendant's age.

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