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(영문) 광주지방법원 순천지원 2021.01.22 2020고단2217
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On May 10, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch.

On August 26, 2020, the Defendant driven a soft car in the state of alcohol leveling 0.087% of alcohol level in the 1km section from around 03:11 to before the “D” road located in the same city as “D” in the same city.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the selection of fines [the fact that there is no other criminal record except for fines once in 2010, the fact that there is no other criminal record, the degree of alcohol concentration during blood transfusion, etc.];

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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