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(영문) 광주지방법원 2020.10.15 2020고단4331
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

Around 00:55 on August 18, 2020, the Defendant driven a DMW MINI car from the front side of the C cafeteria in Seo-gu, Seo-gu, Gwangju to the erode of 149-2, Seo-dong 149-2.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Notification of the results of the drinking driving control, and the application of Acts and subordinate statutes to the drinking driving control;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (a point of sound driving) that select a punishment for the crime;

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 is that the defendant was punished for a drunk driving, but he/she again drives a drunk driving, and causes a physical accident in the course of driving, and thus, the possibility of criticism and social risks are high.

However, a fine shall be imposed on a defendant in consideration of the fact that the defendant's previous conviction was about 17 years ago and that it was not a previous conviction in violation of Article 44 (1) of the Road Traffic Act, and that the defendant repents his mistake.

The amount of fine shall be determined as per the order by considering the sentencing criteria according to the drinking water of this case, and the above sentencing factors shall be determined as per the order.

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