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(영문) 광주지방법원 2019.11.28 2019고단3905
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On September 21, 2019, around 23:00, the Defendant driven the EMW car under the influence of alcohol concentration of approximately 0.108% from a 500-meter section to the roads under the supervision of D located in the same Gu C from the roads in Seo-gu, Gwangju to September 21, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had been sentenced to a fine twice due to drunk driving even before the crime of this case, the last crime is considerably long at the intervals with the crime of this case in 2004, and the crime of this case has no record of being punished exceeding the fine before the crime of this case, and is punished by a fine in consideration of the fact that his mistake is recognized.

In addition, the punishment as ordered shall be determined in consideration of the degree of blood alcohol, the circumstances leading to the drunk driving, the distance and place of the drunk driving, the age, character and conduct, environment, circumstances after the crime, etc.

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