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(영문) 광주지방법원 2019.10.17 2019고단3000
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13 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 September 9, 2015, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act from the Gwangju District Court.

【Criminal Facts】

On July 28, 2019, at around 00:20, the Defendant driven an E-motor vehicle while under the influence of alcohol leveling 0.156% from the roads near Gwangju Northern-gu B to the roads near Gwangju Northern-gu D.

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 crackdown on drinking driving;

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

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the same as the record of the criminal records in the judgment of the defendant, which has already been punished by a fine for one-time drinking driving, and the blood alcohol level is not low. However, there is no record of punishment exceeding the fine prior to the instant crime, and the fact that one’s mistake is recognized, etc. shall be selected and punished by a fine.

In addition, the punishment as ordered shall be determined in consideration of the circumstances of drinking driving, the distance and place of drinking driving, the details of control, the distance between the previous drinking record and the crime of this case, the age, character and behavior, environment, health conditions, the circumstances after the crime, etc.

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