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(영문) 광주지방법원순천지원 2020.12.18 2020고단2925
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On March 3, 2010, the Defendant received a summary order of KRW 1,50,000 from the Busan District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On September 21, 2020, around 21:21, 2020, the Defendant driven a Chigh-est car in a state of alcohol alcohol concentration of about 0.112% at the 1km section from the road in front of the Gwangju-si B market to the road in front of the Gyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. An inquiry and an appraisal report on the results of crackdown on drinking driving;

1. Criminal records as indicated in the judgment: Application of inquiry report on criminal records, etc. and investigation report (a) Acts and subordinate statutes attached to the same criminal records and 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. Article 334(1) of the Criminal Procedure Act of the provisional payment order requires severe punishment due to social harm caused by driving under the influence of alcohol, and it cannot be said that the defendant's blood alcohol level is less than 0.112%, as stated in the criminal records in the judgment of the court, and the defendant is punished by a fine for a violation of the Road Traffic Act of 2010, as stated in the judgment of the court below, in addition to the punishment imposed by the defendant for a violation of the Road Traffic Act of 2003, it cannot be said that the defendant's responsibility is less than that of the defendant because he re-offending two times the same criminal records, such as being punished by a fine for a

However, the fact that the defendant recognizes the crime of this case, reflects the depth as well as does not repeat the crime again is considered in part of the sentencing.

In addition, the case of sentencing in all cases similar to the sentencing factors indicated in the argument of this case, such as the circumstance leading up to the driving of this case, the blood alcohol concentration and driving distance of this case, the background leading up to the detection of the crime of drinking alcohol of this case, the defendant's age, character and behavior, occupation, criminal records, family relationship, etc.

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