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(영문) 광주지방법원 2020.09.24 2020고단3932
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On December 26, 2006, the defendant was issued a summary order of a fine of three million won by the same court due to the crime of violating the Road Traffic Act.

At around 22:30 on July 28, 2020, the Defendant driven a D body-man car under the influence of alcohol leveling 0.166% from the 5km section of approximately 5km to the bottom of the fish class located in 521-1, Masan-dong, Gwangju Mine-dong from the roads adjacent to the “C” restaurant in Seo-gu, Gwangju to the lower end of the fish class.

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. The circumstantial statement of the employee;

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

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to confirm criminal investigations;

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 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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