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(영문) 광주지방법원 2021.01.20 2020고단5544
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 May 30, 2017, the Defendant was issued a summary order of KRW 5 million by the Gwangju District Court due to a crime of violating the Road Traffic Act.

On October 25, 2020, the Defendant driven an Erocketing car from the front road located in Gwangju Mine-gu B to the front road of about 200 meters from around 0.107% of alcohol level among blood transfusion around 23:37, and thereby, the Defendant violated the drinking prohibition regulations at least twice.

Summary of Evidence

1. A written investigation into the actual state of the defendant's legal statement;

1. On-site photographs of the table for report processing, such as circumstantial reports;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that the Defendant’s reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment happens while driving alcohol, and the occurrence of an accident while parking the vehicle while driving alcohol, the fact that the previous force of driving alcohol is not much distance from time, and the fact that the alcohol concentration level in blood is not low, the criminal liability is not light.

However, the fact that the defendant is led to confession and the victim does not want to handle the accident is a favorable condition that the above accident is a simple substitute accident that is minor to the extent that the victim does not want to do so.

In addition to the above circumstances, the punishment as described in the order shall be determined in consideration of the circumstances and process leading to driving of drinking, the age, sex, occupation, environment, etc. of the defendant.

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