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(영문) 광주지방법원 2020.10.08 2020고단4240
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 11, 2020, the Defendant driven DSS7 car in the street section for moving-parking parking in the front ground parking lot of Gwangju Mine-gu B apartment C-dong, Gwangju, while under the influence of alcohol of 0.21% of blood alcohol level around 22:39.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. A traffic accident report;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)6 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order is very high, and since the defendant caused a water accident, the possibility of criticism and social risks are high.

However, a fine shall be imposed on a defendant in consideration of the circumstances that the defendant committed the instant crime, such as driving a vehicle parked in Korea, etc., the distance of the defendant's driving is shorter, the defendant has no previous convictions, and the defendant repents the error.

The amount of the fine shall be determined as the order within the scope of the punishment after the discretionary mitigation is made in consideration of the above sentencing factors favorable to the defendant.

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