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(영문) 광주지방법원 장흥지원 2020.04.02 2020고단2
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

On April 9, 2018, the Defendant was issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act in the Gwangju District Court's interest support.

Nevertheless, the Defendant, around 20:00 on December 4, 2019, driven a DNA car in the state of alcohol alcohol concentration of approximately 0.250% from the 3km section to the roads in front of the above C funeral hall, via the seat of the same Myeon.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same power), and statutes;

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 to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order increases the risk of citizens' traffic safety and thus requires strict punishment. The defendant repents his mistake, there is no record of criminal punishment exceeding a fine due to the violation of the Road Traffic Act, and if the judgment of suspended execution becomes final and conclusive, it would be deemed that the defendant will lose his position in accordance with the personnel regulations of E in which the defendant works. This is too harsh for the defendant, and the motive and distance of drinking driving, the location and distance of drinking alcohol concentration, the defendant's age, character and behavior, environment, health condition, the motive and consequence of the crime, etc., shall be determined as per the order, taking into consideration all sentencing factors specified in the arguments of the instant case, such as the motive and distance of drinking driving.

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