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(영문) 광주지방법원 2020.09.24 2020고단3952
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On April 13, 2010, the defendant was subject to a disposition of suspension of indictment for violation of the Road Traffic Act at the Suwon District Prosecutors' Office.

On July 27, 2020, the Defendant, while under the influence of alcohol of 0.067% from blood alcohol level, driven a Dolet hot spring in the area of approximately 7 km from the front of the road in front of a cafeteria located in Nam-gu, Nam-gu, Nam-gu, Gwangju to the Dolet-gun in the Korean Won-gun, the Dolet hot spring in the area of approximately 0.0% from the Doletto the Dolet-gun in the Korean Won-gun.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Application of the Act and subordinate statutes to refer to inquiry reports, such as criminal records, amounts of dispositions, and results of confirmation;

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 sentencing period of Article 334(1) of the Criminal Procedure Act of the provisional payment order is the same criminal records of the defendant, blood alcohol concentration at the time of the crime in this case, the circumstances leading to the drunk driving, the distance and place of the drunk driving and the defendant's mistake are divided. Other factors such as the age, character and conduct of the defendant, circumstances before and after the crime in this case and all of the sentencing conditions shown in the records and arguments are considered.

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