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(영문) 광주지방법원 2020.06.18 2020고정318
도로교통법위반(음주운전)등
Text

Defendant

A shall be punished by a fine of 5,00,000 won, and by a fine of 2,50,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On January 12, 2020, Defendant A, without obtaining a driver’s license on January 22, 2020, driven a Ginep vehicle owned by Defendant A from the front of the cafeteria “D” restaurant located in Gwangju Mine-gu Seoul to the front of the F funeral hall located in the same Gu E, while under the influence of alcohol level of 0.071%.

2. On January 12, 2020, from around 21:00 to 22:00, the Defendant: (a) divided the instant “D” restaurant located in Gwangju Mine-gu C with A to drink three diseases; and (b) aided and abetted the Defendant’s crime of drunk driving by putting the keys of the GNS car owned by the Defendant into a knitter and driving the car on the knit for more drinking time.

Summary of Evidence

1. Defendants’ legal statement

1. Making a report on the control of drinking driving;

1. Inquiry into the enemy;

1. Application of the statutes on the register of driver's licenses;

1. Article applicable to criminal facts;

(a) Defendant A: Article 148-2 (3) 3, Article 44 (1) of the Road Traffic Act (the point of a sound driving), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of a without a license driving);

(b) Defendant B: Article 148-2(3)3 and Article 44(1) of the Road Traffic Act, Article 32(1) of the Criminal Act

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Defendants who choose punishment: Fine.

1. Defendant B: Articles 32(2) and 55(1)6 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: In light of the fact that the reasons for sentencing under Article 334(1) of the Criminal Procedure Act had a history of having been punished several times including criminal records due to traffic-related crimes, and the sentencing guidelines based on the drinking water level in this case, it cannot be deemed that the amount of the fine specified in the summary order is unreasonable, and thus, the amount of the fine shall be maintained as it is.

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