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(영문) 광주지방법원순천지원 2020.12.09 2020고단1814
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Criminal facts

On June 4, 2009, the Defendant was sentenced to a fine of KRW 2 million for the violation of the Road Traffic Act in the Gwangju District Court's net order support.

On June 12, 2020, the Defendant driven a F car at a section of about 100 meters up to the road located in D, at the front of the eac shop located in D, while under the influence of alcohol of 0.124% of blood alcohol level 0.124%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and report on the actual condition of control of drinking driving;

1. Previouss before ruling: Criminal records, inquiry reports, and application of each summary order-related Act and subordinate statutes;

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

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 causes an accident while driving a motor vehicle under the influence of alcohol again even though the defendant had a record of criminal punishment several times due to a drunk driving, and the risk is very high.

However, under the circumstances, such as the defendant's attitude to reflect in depth on his mistake, the defendant scrapped his vehicle while making the defendant not to drive under the influence of alcohol, the lapse of ten years from the previous conviction in the judgment, and there is no record of punishment exceeding fines due to the same kind of crime, the defendant's age, character and conduct, environment, criminal records, the circumstances and results of the crime of this case, and other various sentencing conditions shown in the records, such as the circumstances after the crime, shall be determined as ordered.

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