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(영문) 광주지방법원 2020.08.11 2020고단2936
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On April 23, 2020, the Defendant driven Dbenz car at approximately 50 meters from the 50-meter section to C in front of the restaurant, which is not aware of the trade name in the Yong-dong of Gwangju, while under the influence of alcohol of 0.079% of blood alcohol level on April 23, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 3 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 defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was punished for driving under influence of alcohol, the defendant shall be punished by a fine in consideration of the fact that the defendant was not a criminal record violating Article 44(1) of the Road Traffic Act due to the crime of 2004, the driving distance of this case is short, and the defendant repents the error.

The amount of the fine shall be determined as per the order by taking into account the sentencing criteria according to the drinking water level of this case, as the above sentencing factors.

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