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(영문) 광주지방법원 2021.02.18 2020고단6678
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

On August 27, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Gwangju District Court on August 27, 2010.

On December 19, 2020, at around 21:40, the Defendant driven a motor vehicle with low alcohol content of 0.142% in blood at approximately 200 meters from the front road of the gas station in Gwangju Mine-gu, Gwangju, to the Egyptian road in the same Gu and the front road.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Criminal records stated in the defendant's legal statement, the statement of the situation of the driver who takes charge of driving under influence of alcohol: Application of a reply to inquiry, such as criminal history, investigation report (verification of criminal records), and summary order;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, once he/she was punished as a drinking driver, once he/she drives a drinking again.

Since the social harm caused by drinking driving is serious, it is necessary to strictly punish it, and the alcohol level of the defendant's blood is 0.142%.

However, the defendant shall be punished by a fine in consideration of the fact that there is time interval between the defendant's previous conviction and the day of the crime in this case, the defendant has no record of criminal punishment except the fine stated in the criminal records as stated in the judgment of the court, the circumstances leading to driving of drinking, the distance of driving

The amount of the fine shall be determined by comprehensively taking into account all the factors of sentencing, including the above factors of sentencing, the age, sex, environment, and the process of detection of the crime in this case.

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