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(영문) 광주지방법원 2020.07.23 2020고단1232
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 17, 2015, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.

On March 14, 2020, at around 02:44, the Defendant driven a Dagland under the influence of alcohol level of 0.044%, such as moving away a distance of less than one meter from “C” in the direction of “C” in Gwangju Mine-gu, Gwangju.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The circumstantial statement of the employee;

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

1. Blue boxes and video CDs;

1. Previous convictions in judgment: Application of criminal records and summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The Defendant again committed the instant crime even though he had the record of punishment for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, although he had been under the influence of driving under influence of alcohol. However, there are circumstances that may be considered when the Defendant transferred his vehicle, the blood alcohol concentration at the time of the instant crime is relatively low, and the driving distance is less than the driving distance, and other various sentencing conditions specified in the instant records and arguments, such as the Defendant’s age, character and conduct, family relationship, motive and means of the instant crime, circumstances after the crime, etc., shall be comprehensively considered.

The acquittal portion

1. On February 17, 2015, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court’s net support.

The Defendant, around 02:44 on March 14, 2020, runs back to the direction of the F Hospital in Gwangju Mine District, and was under the influence of alcohol 0.04% in blood alcohol concentration.

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