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(영문) 광주지방법원 2020.02.05 2019고단5306
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On October 14, 2016, the Defendant was issued a summary order of KRW 4 million by the Gwangju District Court for a crime of violation of the Road Traffic Act.

At around 22:20 on December 10, 2019, the Defendant driven a motor vehicle with a volume of approximately 100 meters from the neighboring road of the Gwangju Mine District to the front road located in the same Gu C, while under the influence of alcohol 0.091% of blood alcohol level around 22:20 on December 10, 2019.

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. Inquiry of the result of crackdown;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of criminal records of the same kind as a suspect), and application of statutes governing summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Fine)

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, even though the Defendant was punished by a fine for driving under the influence of alcohol in 2016, is not less than a relatively short term, the Defendant is not subject to the punishment of this case. However, if excluding the above punishment history, there is no record of punishment, and the blood alcohol concentration (0.091%) is relatively high and the distance of driving under the influence of alcohol (100 meters) is relatively short, and the Defendant’s age, character and behavior, environment, and conditions for sentencing prescribed in Article 51 of the Criminal Act are comprehensively considered.

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