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(영문) 광주지방법원 2020.03.31 2020고단358
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 August 7, 2009, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Gwangju District Court.

On January 22, 2020, at around 23:05, the Defendant driven a E-E-patt-pubed car from the parking lot for the “C” corporation located in Gwangju Northern-gu B to D, Gwangju Northern-gu, while under the influence of alcohol concentration of approximately 0.08%, from around 300 meters.

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. Making a report on the circumstantial statement of a drinking driver, the results of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (per-time verification of suspect driving skills);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, even though the defendant had already been punished once for drinking driving, again commits the crime of this case even though he had the record of punishment, the punishment as ordered shall be determined in consideration of the fact that the defendant committed the crime of this case after the previous crime was committed for not less than 10 years, and his mistake is divided.

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