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(영문) 광주지방법원순천지원 2020.10.28 2020고정351
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On March 18, 2020, at around 04:10, the Defendant driven a Daco or car while under the influence of alcohol 0.170% in a section of approximately 600-700 to the front of the C apartment at the same time from the Gyang city B apartment road to the front of the C apartment at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Report on the circumstantial statement of an employee;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes and reflects the instant crime, the blood alcohol concentration in the instant case is considerably higher than 0.170%, and there is a good factor for sentencing that the Defendant has been punished by a fine for a violation of the Road Traffic Act of 2003.

In addition, the social harm caused by drunk driving is very serious and thus it is necessary to strictly punish such severe punishment, and the sentencing cases in cases similar to all of the sentencing factors indicated in the arguments of this case, including the blood alcohol concentration and driving distance in this case, the circumstance of detection of the crime of drinking driving in this case (the occurrence of a traffic accident during drinking), the age of the defendant, family relations, criminal records, etc., shall be determined by comprehensively taking into account the sentencing factors of the defendant.

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