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(영문) 광주지방법원 2020.10.29 2020고단4478
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On October 11, 2007, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Gwangju District Court's application for the crime of violation of the Road Traffic Act.

On 22:20 on 25:20 on 25:20, the Defendant: (a) driven a motor vehicle under the influence of alcohol at approximately 0.074% of blood alcohol concentration at the section of about 18 km from the front side of the Pyeongtaek-dong Gwangju Mine Reservoir to the front side of the Pyeongtaek-gun Hapan Highway Hapan Highway.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Records before judgment: Criminal records, etc. and the application of 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 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 sentencing period of Article 334(1) of the Criminal Procedure Act of the provisional payment order is the same criminal records of the defendant, blood alcohol concentration at the time of the crime in this case, the circumstances leading to the drunk driving, the distance and place of the drunk driving and the defendant's mistake are divided. Other factors such as the age, character and conduct of the defendant, circumstances before and after the crime in this case and all of the sentencing conditions shown in the records and arguments are considered.

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