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(영문) 광주지방법원순천지원 2020.10.29 2020고단1682
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 April 22, 2011, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.

On July 9, 2020, at around 23:26, the Defendant driven D Poter Cargo, while under the influence of alcohol concentration of 0.052%, on the front of C in Net City B.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes of one summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 0.052% of the negative values; Supreme Court Decision 2006Da1548, Apr. 2, 2007);

1. Articles 70 (1) 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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