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(영문) 전주지방법원 남원지원 2019.10.15 2019고단167
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

[Criminal Power] On October 2, 2008, the Defendant received a summary order of KRW 700,000 from the Jeonju District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On July 19, 2019, at around 15:32, the Defendant driven a rocketing car owned by the Defendant under the influence of alcohol leveling 0.091% of blood alcohol level from around 3 km to the roads in front of the NAY, from the mutual influence in the front of the fleet, and from around 15:32, 2019 to the roads in front of the front of the fleet C.

As a result, the defendant, even though he had a record of punishment for drunk driving, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Notification of the results of the control of drinking driving, investigation report (report on the circumstances of a drinking driver), and investigation report (the numerical value of drinking at the time of the suspect's accident);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)6 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of five million won to ten million won; and

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply as the fines have been selected.

3. Determination of sentence: Determination of sentence of a fine of KRW 7 million shall be made in consideration of the following circumstances, taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and taking into account various factors of sentencing as shown in the arguments in the instant case, including the circumstances after the commission of the crime.

[Unfavorable Circumstances] The drinking driving of a motor vehicle needs to be punished for a crime that may cause serious damage to another person's life, body, or property, which corresponds to the punishment for such crime.

Defendant is punished for the same kind of crime.

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