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(영문) 광주지방법원순천지원 2020.10.21 2020고정119
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On January 4, 2020, at around 01:50, the Defendant driven a F-Addi vehicle while under the influence of alcohol concentration of approximately 2 km from the front of the “C cafeteria” road located in Gwangju-si B to the front of the “E cafeteria” road located in the same city D.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking driving and the review of the results of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized the crime of this case and did not repeat the crime. The circumstance of the first offender who had no record of criminal punishment prior to the instant case is recognized.

However, social harm caused by drinking driving is very serious and it is necessary to strictly punish it, and the blood alcohol concentration of the defendant is 0.117%.

Other cases of sentencing similar to all sentencing factors shown in the argument of this case, such as the age, character and conduct, criminal records, and the process of detection of the crime of this case, shall be determined by comprehensively taking into account the sentencing factors of the defendant.

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