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(영문) 광주지방법원장흥지원 2020.12.10 2020고단225
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[Criminal Power] On August 22, 2008, the Defendant was issued a summary order of 1.5 million won by the Gwangju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 22:50 on September 18, 2020, the Defendant driven a rocketing car with the blood alcohol concentration of about 0.093% in the 20km section from the front of the Southern Navy B to the front of the Gangnam-gun C, Gangwon-do.

Accordingly, the defendant violated his duty not to drive alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of power) and statutes;

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 to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order increases the risk of citizens' traffic safety and thus requires strict punishment. The defendant is in depthing his mistake and faithfully living as a certified sports leader. The considerable period of time has elapsed since the defendant was sentenced to a fine due to drunk driving in 2008. The defendant's balance in sentencing with the same crime, the criminal records of the defendant, the criminal records, the criminal records, the background of the crime, the degree of the principal, the defendant's age, family relationship, the possibility of recidivism, and other various sentencing conditions specified in the records and arguments of this case shall be determined by comprehensively taking into account the following factors.

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