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(영문) 광주지방법원 2020.06.18 2020고단1449
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of eight million won.

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

Reasons

Punishment of the crime

[Criminal Power] On January 8, 2007, the Defendant received a summary order of KRW 700,000 from the Gwangju District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

Although the Defendant had the punishment power of drinking driving as above, at around 22:20 on December 16, 2019, the Defendant driven Cchip car at a section of approximately 2-3 kilometers from the mutual influence restaurant located in the Manam-dong, Gwangju-gu to the front floor of the building, in the state of drinking alcohol concentration of 0.045%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous conviction: Application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 of the provisional payment order is based on a comprehensive consideration of the criminal records of the defendant, the nature and risk of the crime of this case, the circumstances leading up to the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism as stated in the records and arguments of this case.

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