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(영문) 광주지방법원순천지원 2020.12.24 2020고단1159
도로교통법위반(음주운전)
Text

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

When the defendant does not pay the above fine, it shall be for 100 days.

Reasons

Punishment of the crime

[criminal power] On September 23, 2019, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Gwangju District Court's net support on September 23, 2019.

【Criminal Facts】

On April 28, 2020, at around 22:16, the Defendant driven a F Laren car in the state of alcohol alcohol concentration of about 0.056% at approximately 100 meters from the section of approximately 100 meters, from C, which was located in the Net City B, to the front of the Edial Association located in the Macheon City.

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. Statement on the circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44(1) of the former Road Traffic Act (wholly amended by Act No. 17371 of Jun. 9, 2020), the selection of a fine for a crime, and the selection of a fine

1. Articles 70 and 69 (2) of the Criminal Act (amount of custody in custody in a workhouse: 100,000 won per day);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the Defendant was sentenced to a fine for a crime of drunk driving in around 2019 and committed the instant crime only for a few months. In addition, the Defendant’s blood alcohol concentration at the time of the instant case and the Defendant’s age, character and conduct, environment, drinking driving distance, and circumstances after the instant crime, etc. shall be comprehensively taken into account all the factors of sentencing during the instant trial process.

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