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(영문) 광주지방법원 2020.05.28 2020고단782
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On October 30, 2006, the Defendant was issued a summary order of KRW 2.5 million by the Gwangju District Court due to the crime of violation of the Road Traffic Act.

Around 20:00 on January 21, 2020, the Defendant driven a D-confluent car at a section of about 10 meters from the C parking lot in the Yayang-gun B to the dry field in front of the parking lot while under the influence of alcohol level of 0.06%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. On-site photographs;

1. Previous records before ruling: Application of criminal records, investigation reports (including those of the same kind as a suspect and the summary order attached thereto) and other Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)6 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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 the defendant, even though he was punished as a drunk driving, has a high possibility of criticism and social risks.

However, considering the fact that the drinking water of this case is not higher than other cases, the distance of the defendant's driving is short, the distance between the criminal defendant's driving and the date of the crime of this case is high time interval between the criminal records of this case and the date of the crime of this case, the criminal defendant has no other history of punishment than the above drinking driving

The amount of the fine shall be determined as per the order within the scope of the sentencing, after reducing the amount in consideration of the above sentencing factors favorable to the defendant.

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