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(영문) 광주지방법원 장흥지원 2020.02.13 2019고단246
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 9, 2011, the Defendant was issued a summary order of KRW 1,50,000 for a fine for violation of the Road Traffic Act in the Gwangju metropolitan District Court's branch court.

Nevertheless, at around 00:15 on November 4, 2019, the Defendant driven Dworka car under the influence of alcohol content of about 0.150% at the 30km section from the front of the road in the Naju City B to the horizontal intersection of the Sungjin-gun, Gangnam-gun.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (attached to summary orders of the same kind of case);

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 to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the crime in which not only the person himself but also another person's life may be taken, and the criminal defendant is not guilty, and there is no other criminal records other than the criminal records of a fine due to drinking driving in 2011, and the defendant has been punished for a considerable period after the last punishment, and if the judgment of probation becomes final and conclusive, the defendant will lose his position in accordance with the personnel regulations of the Gangwon-gu Military Office where he works for the defendant. This seems to be clear that social ties relationship between the defendant, such as his age, character and behavior, environment, health condition, motive and consequence of the crime, etc., the defendant's age, character, motive and consequence of the crime, etc., are clearly known, and the sentence shall be determined as ordered in consideration of all the sentencing factors indicated in the arguments of this case, such as the defendant's age, character and behavior, health conditions, motive and consequence of the crime, etc.

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