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(영문) 광주지방법원 2020.12.09 2020고단5103
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 May 26, 2015, the Defendant was issued a summary order of a fine of four million won by the Gwangju District Court for the crime of violation of the Road Traffic Act.

On September 25, 2020, the Defendant, while under the influence of alcohol 0.063% of alcohol level around 22:43, 2020, driven an E QM6 car through approximately approximately 200 meters from the area near Gwangju Northern-gu C to the front road in Gwangju Northern-gu.

Accordingly, the defendant violated Article 41 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, and criminal investigation reports (reports attached to summary orders issued against the accused) Acts and subordinate statutes;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be determined as described in the order, taking into consideration the following factors: (a) the defendant is the second person under influence of alcohol; (b) the time interval with previous records of driving under influence of alcohol; (c) the degree of blood alcohol level; and (d) the circumstances leading to the driving under influence of alcohol; (d)

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