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(영문) 광주지방법원 장흥지원 2020.05.07 2019고단291
도로교통법위반(음주운전)
Text

A defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

On July 21, 2010, the Defendant was issued a summary order of KRW 1 million due to a violation of the Road Traffic Act in the Gwangju District Court's support for the promotion of the head of Gwangju District Court.

Nevertheless, at around 14:51 on December 3, 2019, the Defendant driven a C Sti-type car under the influence of alcohol concentration of about 0.068% at a section of about 2 km from the front of the Gangnam-gun, Chungcheongnam-gun, Seoul to the front of the same Eup-Myeon 284-1 in the same Eup-Myeon.

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 of the provisional payment order is the crime in which the life of a person who is not only the person himself but also the person who is not guilty of such crime, the defendant is divided into his wrong facts, and the defendant has a criminal record of a fine due to drinking driving in 2010, but a considerable period of time has elapsed since the above punishment, and if the judgment of suspended execution became final and conclusive, the defendant will lose his position in accordance with the personnel regulations of the Gangwon Military Office where the defendant works for the defendant, which is deemed to be too harsh for the defendant, such as the defendant's age, character, character, environment, health conditions, motive and result of the crime, the circumstances after the crime, etc., shall be determined as ordered by the order.

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