logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.08.27 2020고단3238
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On February 11, 2008, the defendant was issued a summary order of KRW 1 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

On May 22, 2020, while under the influence of alcohol at 0.056%, the Defendant driven D Lasta car on the road at approximately 300 meters from the front of a mutually influent restaurant in the Gwangju Mine-gu to the front of the Cbank in the same Gu and located in the same Gu B from May 22, 2020.

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: Application of inquiries, such as criminal records, and a 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a number of times the criminal defendant has been punished for drunk driving. However, there is considerable interval between the previous crime and the crime of this case, the criminal defendant does not have been punished by a fine or heavier punishment, the criminal defendant repents his mistake. In addition, in consideration of the degree of blood alcohol at the time of the crime of this case, the degree of blood alcohol, the circumstances leading up to the criminal defendant's drinking driving, the distance and place of drinking driving, the age of the criminal defendant, character and conduct, and circumstances before and after the crime of this case, the punishment shall be determined as ordered.

arrow