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(영문) 광주지방법원순천지원 2020.11.05 2020고단777
도로교통법위반(음주운전)
Text

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

When the defendant does not pay the above fine, 80 days shall apply.

Reasons

Punishment of the crime

[Criminal Power] On August 24, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Eastern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 01:50 on March 12, 2020, the Defendant driven CK7 car under the influence of alcohol concentration of 0.103% in the 3m section in the Y B parking lot in the Netcheon-si, 2020.

Accordingly, the defendant, who violated the prohibition of drinking driving at least once, was driving a motor vehicle in a drunken state.

Summary of Evidence

1. Examination of the defendant's legal statement, reports on the circumstances of driving under the influence of alcohol and the control of drinking;

1. Previous records: Application of inquiries, such as criminal records, and a copy of a summary order;

1. Relevant Articles 148-2 (1) and 44(1) of the former Road Traffic Act (wholly amended by Act No. 17371 of Jun. 9, 2020), the selection of a fine for a crime, and the selection of a fine

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 (amount of money to be converted to a kindergarten: 100,000 won per day);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is as follows: (a) the Defendant’s blood alcohol concentration and age, character and conduct, environment, criminal records (at the time of the instant case, there was records of being fined for the same kind of crime; (b) around 13 years, the place and distance of drinking driving, and the circumstances after the crime, etc. shall be comprehensively taken into account all the factors of sentencing as indicated in the instant trial process.

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