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(영문) 광주지방법원 2020.10.15 2020고단4352
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Power of violation of Article 44 (1) of the Road Traffic Act] The defendant was issued a summary order of KRW 1.5 million at the Gwangju District Court on September 25, 2006 as a crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 04:30 on August 2, 2020, the Defendant driven an Efran vehicle from around 10km to the next road of the D apartment of the same city, from the c front in the state of under the influence of alcohol of 0.097% of blood alcohol level, to the next road of the D apartment of the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a 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 is that the Defendant again committed the instant crime even though he was punished once due to a drunk driving in violation of Article 44(1) of the Road Traffic Act, and was punished once due to the previous drunk driving. The instant drinking water constitutes the revocation of the driver’s license, and thus, the Defendant is highly likely to be subject to criticism.

However, a fine shall be imposed on the defendant in consideration of the fact that the previous crime of drinking driving and the day of the crime of this case have high time interval between his previous crime and the day of the crime of this case, and the defendant divided his wrongness

The amount of the fine shall be set at the lower limit of the applicable sentencing, which does not reduce the amount of the fine, considering the factors of the above sentencing in light of the sentencing guidelines according to the drinking water of this case.

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