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(영문) 광주지방법원 순천지원 2020.04.17 2019고단2864
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On May 29, 2012, the Defendant was sentenced to a fine of KRW 1 million for the violation of the Road Traffic Act in the Gwangju District Court's net order support.

around 05:00 on October 29, 2019, the Defendant driven QM5 car under the influence of alcohol concentration of approximately 0.067% from the 10km section to the front road of the D factory located in C in the Nam-si, Nam-si, Chungcheongnam-si, Seoul.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the control of drinking driving and investigation report (calculated of blood alcohol concentration);

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (Attachment to judgments of the suspect's same kind of power);

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, the selection of fines (including the fact that there is no criminal record other than fines of the same kind once every year around 2012, the fact that there is no criminal record other than fines of the same kind, the fact that a serious reflects on the fact that a vehicle is scrapped and does not repeat again, the degree of blood alcohol concentration, driving circumstances, etc

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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