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(영문) 광주지방법원 2020.01.23 2019고단5069
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 11 million.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[Criminal Power] On December 4, 2018, the Defendant received a summary order of KRW 1,50,000 from the Gwangju District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On November 17, 2019, while under the influence of alcohol 0.097%, the Defendant driven a FK7 car at a level of about 500 meters from the roads front of the CHanam point in Gwangju Mine-gu to the roads front of the E agency Gwangju support in the same Gu, the Defendant driven a FK7 car at a level of about 500 meters from the roads front of the CHanam point in Gwangju Mine-gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: Application of inquiries, such as criminal records, and summary order statutes;

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 for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the provisional payment order is short of the interval between the record of drinking prior to the sentencing reason of Article 334(1) of the same Act. However, a fine shall be imposed at the same time in consideration of the fact that a person was punished once by a fine for driving under the influence of alcohol and the fact

Other punishment as ordered shall be determined in consideration of the degree of blood alcohol, the details of the drinking driving, the distance and place of the drinking driving, the details of the crackdown, the age, character and conduct, environment, circumstances after the crime, etc.

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