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(영문) 광주지방법원 2020.06.04 2020고단129
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[Criminal Power] On September 22, 2009, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Gwangju District Court’s net support on September 22, 2009. On November 21, 2017, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Gwangju District Court.

On January 24, 2018, the Defendant sentenced the Gwangju District Court to nine months of imprisonment for violating the Act on Probation and Electronic Monitoring, etc. of Specific Offenders, and completed the execution of the sentence in the Gwangju Prison on May 18, 2018.

【Criminal Facts】

On December 31, 2019, at around 00:32, the Defendant driven an E options vehicle under the influence of alcohol content of 0.094% at a distance of about 2 km from the roads near the Defendant’s house located in Masung-gun B to the roads near the D convenience store located in Masung-gun C. In addition, the Defendant driven an E options vehicle under the influence of alcohol content of 0.094%.

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. Reporting on detection of suspected victims of violation of the Road Traffic Act;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Previous records: The results of inquiry, each written judgment, and application of Acts and subordinate statutes of summary order;

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

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