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(영문) 광주지방법원 2020.06.18 2020고단1551
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 September 12, 2013, the Defendant was issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.

On March 24, 2020, at around 01:32, the Defendant driven a DK5 car from approximately 4km to the road near Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, in the state of alcohol of 0.117% alcohol level.

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. A traffic accident report;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was punished for driving under drinking, and again, he was under drinking again, causing the instant accident at the time of the instant crime, and the instant drinking water level is high, and thus, the possibility of criticism and social risks are high.

However, in consideration of the fact that the defendant's previous record of drunk driving and the date of the crime in this case have a big interval of time between the defendant's previous record of drunk driving and the date of the crime in this case, the defendant has no record of punishment other than the previous record of the above drunk driving, and the defendant sells

The amount of the fine shall be set at the lower limit of the penalty that has not been mitigated in consideration of the above factors of sentencing.

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