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(영문) 광주지방법원 2020.06.11 2020고단571
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 22, 2013, the Defendant issued, at the Gwangju District Court, a summary order of KRW 3.5 million for a crime of violation of the Road Traffic Act, and at the same court on February 5, 2010, a summary order of KRW 1 million for a crime of violation of the Road Traffic Act, respectively.

On January 18, 2020, at around 23:10, the Defendant driven B car under the influence of alcohol with a blood alcohol concentration of 0.097% from around 50 meters to about 60 meters from the Round-dong of Gwangju, North-gu, Gwangju, and then driven B car under the influence of alcohol from around 50 meters to the shooting distance.

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 convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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 drives 50 meters in the vicinity of destination after the defendant used his substitute driving to drive the same kind of crime, records of the defendant's blood alcohol concentration at the time of the crime in this case, the circumstances leading to the drinking driving, the distance and place of the defendant's mistake, and other factors such as the age, character and conduct of the defendant, circumstances before and after the crime in this case and all the conditions of sentencing as shown in the records and arguments shall be considered.

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