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(영문) 광주지방법원 2020.04.23 2019고단4547
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 October 31, 2008, the Defendant was issued a summary order of KRW 500,000 by the Gwangju District Court as a crime of violation of the Road Traffic Act.

On September 23, 2019, while the Defendant was under the influence of alcohol level of 0.097% on blood alcohol level, the Defendant driven a Drocketing car from the G cafeteria parking lot located in Seo-gu in Gwangju to Seo-gu, Seo-gu, Gwangju 2nd 2nd 2nd Dool 2369, driving a Dworka car at approximately 8km from the G-gu 2nd 369.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (former records and summary orders attached) 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 was punished as a drunk driving, and thus, the possibility of criticism and social risks are high.

However, considering the fact that there is a large interval between the previous record of drinking and the date of the instant crime, there is no record of criminal punishment heavier than imprisonment, and the sentencing criteria according to the drinking water of this case and the equity between other cases, the defendant shall be punished by a fine.

The amount of the fine shall be determined within the scope of the penalty, after discretionary mitigation, in consideration of the above circumstances.

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