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(영문) 광주지방법원 순천지원 2021.02.17 2020고단3066
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On November 9, 2020, around 15:45, the Defendant driven the said E-line car in the state of alcohol alcohol concentration of about 0.261% from the 1km section to the front road of the Defendant’s house located in the Nam-gun B, Nam-gun, and the front road of “D” located in the Nam-gun, Nam-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers;

1. Relevant legal provisions and Articles 148-2(3)1 and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order recognizes and reflects the instant crime, it is necessary to severely punish the social harm caused by the driving of drinking, as the social harm caused by drinking is very serious.

The alcohol concentration in the blood of the defendant is very high 0.261% high.

However, prior to the instant case, the defendant has no record of being punished for the same kind of crime shall be considered as a favorable sentencing factor.

In addition, the defendant's punishment against the defendant shall be determined by comprehensively taking into account the circumstances leading up to driving of the drinking of this case, alcohol concentration and driving distance in the blood of this case, the circumstances leading up to detection of the crime of drinking of this case, the defendant's age, sexual behavior, and criminal records, etc. similar to all sentencing factors shown in the argument of this case.

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