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(영문) 광주지방법원 순천지원 2021.01.06 2020고단1920
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Criminal facts

On July 27, 2011, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch.

On July 29, 2020, the Defendant driven a Fchier car with approximately 300 meters alcohol level 0.098% while under the influence of alcohol level 0.098%, from the front of the C cafeteria located in W at Netcheon-si, to the front of the E Bank New Branch in D at Macheon-si.

Summary of Evidence

1. Examination of the defendant's legal statement report on the situation of the driver placed in the state and the result of crackdown on drinking driving;

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

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant driving a vehicle under the influence of alcohol even though he/she had been punished several times due to drinking, and the risk of such act is high.

However, the defendant does not drive drinking again because he seems to have an attitude against his mistake.

In full view of the following facts: (a) the transfer of a vehicle possessed by it; (b) the ten-year period after the previous conviction; (c) there is no record of punishment exceeding the fine; and (d) the Defendant’s age, sex, environment, motive and circumstance of the crime; and (c) the conditions of all the sentencing as shown in the records and theories of changes, such as the circumstances after the crime.

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