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(영문) 광주지방법원순천지원 2020.10.07 2020고정18
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 November 14, 2019, at around 17:15, the Defendant driven C 3 km-type cargo vehicles, while under the influence of alcohol at about 0.119% alcohol concentration, from the front of a restaurant where it is impossible to know the trade name of the Dongdaemun-gu, Seoul-gun, Seoul-gun, to the front of the same military road.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving;

1. The application of the Acts and subordinate statutes to report the circumstances of running a driving on the drinking house;

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 0.119%, 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. In addition, the punishment against the defendant shall be determined by comprehensively taking into account all the sentencing factors similar to the sentencing factors indicated in the argument of the case, including the blood alcohol concentration and driving distance in the case of this case, the circumstance of detection of the crime of drinking driving in this case, the age of the defendant, and the criminal records.

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