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(영문) 광주지방법원 2020.03.26 2019고단4664
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On November 9, 2019, the Defendant driven an E rocketing car from the parking lot in Gwangju Mine-gu to the 10km of about 0.214% of alcohol level 0.214% under the influence of alcohol level from November 12:41, 2019.

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. A traffic accident report;

1. Notification of the results of the drinking driving control, and the application of Acts and subordinate statutes to the drinking driving control;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)6 of the Criminal Act (see, e.g., favorable circumstances, etc. described in the following sentencing grounds):

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is highly high, and the risk of the instant drinking water is high, such as causing an accident in the course of driving the instant case, but considering the fact that the Defendant has no previous conviction, and that the Defendant has repented the late and late mistake, the Defendant shall be punished by a fine.

The amount of a fine shall be determined within the scope of the punishment, in consideration of the favorable circumstances mentioned above, after reducing the amount of the fine, in accordance with the order, taking into account the equality with other cases.

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