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(영문) 광주지방법원순천지원 2020.10.07 2019고정520
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On October 31, 2019, at around 23:48, the Defendant driven a F QM3 car with approximately 500 meters alcohol concentration 0.122% while under the influence of alcohol at approximately 0.122% from the road near C Hospital located in Gwangju-si B to the road front of E elementary school located in D.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the results of the drinking driving control and inquiry of the results of the drinking driving control;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to investigation reports;

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

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order acknowledges and reflects the instant crime, the blood alcohol concentration in the instant case is at least 0.122%, and there is a good sentencing factor that the Defendant has been sentenced to a fine due to a violation of the Road Traffic Act of 2005.

In addition, the social harm caused by drunk driving is very serious and thus it is necessary to strictly punish such severe punishment, and the sentencing cases in cases similar to all of the sentencing factors indicated in the arguments of this case, including the blood alcohol concentration and driving distance in this case, the circumstance of detection of the crime of drinking driving in this case (the occurrence of a traffic accident during drinking), the age of the defendant, family relations, criminal records, etc., shall be determined by comprehensively taking into account the sentencing factors of the defendant.

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