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(영문) 광주지방법원 2020.12.23 2020고단5037
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On September 16, 2020, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act by the Gwangju District Court.

【Criminal Facts】

On August 29, 2020, at around 03:11, the Defendant driven CK5 cars while under the influence of alcohol of about 0.11% of alcohol concentration in the section of about 2 km up to the Korean electric street located in the 825-dong, Song-dong, Song-si, Jeonnam-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. On-site photographs of the 112-reported report handling sheet, measuring the results of the drinking driving control, and measuring the drinking level;

1. Application of Acts and subordinate statutes to the unused report on disposition and the result of confirmation;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the Defendant is driving under the influence of alcohol and driving under the influence of alcohol, since it has not been driven under the influence of alcohol on the criminal records as stated in the judgment of the Defendant.

The punishment as described in the order shall be determined by comprehensively taking into account the points locked on the road, the blood alcohol concentration level, the background leading to the drinking driving of this case, and other personal information, the age, character and conduct, environment, etc. of the accused.

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