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(영문) 광주지방법원 순천지원 2019.05.23 2019고단520
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 February 17, 2011, the Defendant received a summary order of KRW 1.5 million from Jeju District Court to a fine for a violation of the Road Traffic Act, and on April 2, 2012, the Defendant received a summary order of KRW 2.5 million from Jeju District Court to a fine for a violation of the Road Traffic Act.

On February 14, 2019, at around 20:10, the Defendant driven a Fran vehicle under the influence of alcohol with approximately KRW 200 meters from the roads near the C cafeteria located in the Insular City B to the front road of the D Ecian Association located in D, with the concentration of blood alcohol 0.217%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. Previous convictions in judgment: Application of inquiries, a copy of each summary order, and the Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order requires strict punishment of the defendant, taking into account the criminal records of the defendant, the degree of blood alcohol concentration of the defendant at the time of driving of the instant case, the control over the instant crime, etc. However, the same sentence as the order shall be determined by taking into account various sentencing conditions shown in the records and arguments, such as the time interval with the previous penal power, the defendant's reflectivity, and family relationship.

It is so decided as per Disposition for the above reasons.

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