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(영문) 광주지방법원 2020.05.21 2020고단185
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 May 19, 2013, the Defendant was issued a summary order of fine of one million won by the Gwangju District Court as a crime of violation of the Road Traffic Act.

On December 4, 2019, the Defendant driven the EMW car under the influence of alcohol content of about 0.084% in a section of about 50 meters from the front of the building B in the same city to the front of D in the same city.

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. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records: Application of inquiry reports and investigation reports (Attachment to a summary order for the same type of crime), such as criminal records;

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. 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 is that there was a blood alcohol concentration at the time of the instant crime, the background leading up to the drunk driving, the distance and place where a drunk driving was conducted, and the criminal defendant has been punished by a fine once, and the criminal defendant repents his mistake, and all the sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and conduct, circumstances before and after the instant crime, etc., shall be determined as ordered.

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