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(영문) 광주지방법원 순천지원 2020.05.20 2019고단2446
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Criminal facts

On September 14, 2019, at around 23:55, the Defendant driven a motor vehicle in the E Spo-type under the influence of alcohol concentration of about 0.258% at the section of approximately 200 meters from the front of the Flu-type B apartment to the side of the D-dong of the Flu-type D-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a drinking driver, report on the circumstantial statement, and the control of drinking driving;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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 is that the Defendant, while driving under the influence of blood alcohol concentration of 0.258%, caused a traffic accident that helps separate the sidewalk and the roadway from the sidewalk in the child protection zone near an elementary school, and the risk of the act is very high.

However, the defendant seems to have a profoundly against his own mistake, the defendant disposes of his vehicle while driving under the influence of alcohol again, and the defendant's family members and visitors also resisting that the defendant will not repeat the same mistake. The defendant's age, character and behavior, environment, circumstances and results of the crime of this case, and various sentencing conditions recorded in the records, such as the circumstances after the crime, etc., shall be determined as ordered by taking into account the following factors: the defendant's age, character and behavior, environment, the circumstances after the crime of this case, and the like.

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