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(영문) 광주지방법원 2020.05.21 2020고단387
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

On August 27, 2010, the Defendant was issued a summary order of KRW 4 million by the Gwangju District Court due to the crime of violation of the Road Traffic Act.

On January 22, 2020, at around 23:02, the Defendant driven D 9 automobiles while under the influence of alcohol alcohol concentration of about 0.093% at the section of approximately 300 meters from the non-place of address B below Gwangju Northern-gu to the front route of Gwangju Northern-gu C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Records before judgment: Application of inquiry reports including criminal records, and investigation reports (report on attachment to a summary order of the same kind of criminal records as a suspect) Acts and subordinate 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 53 and 55 (1) 6 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has one time the record of punishment against the defendant for the same kind of crime, and the considerable period has passed since the punishment was imposed for the same kind of crime, the degree of blood alcohol, the circumstances leading to the drunk driving at the time of the crime in this case, the distance and place of the drunk driving, and the circumstance before and after the crime, are divided into his own mistake, and the punishment shall be determined as ordered, taking into account all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and behavior, and circumstances before

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