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(영문) 광주지방법원장흥지원 2020.11.19 2020고단131
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[criminal power] On May 13, 201, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support on May 13, 201, and a summary order of KRW 3 million for the same crime in the Gwangju District Court’s support for the promotion of the head of the Gwangju District Court on July 30, 201, respectively.

【Criminal Facts】

On June 16, 2020, at around 21:25, the Defendant driven an Eco or a car under the influence of alcohol with approximately 0.159% of alcohol concentration on the 5km section from the front of the C cafeteria located in the Jeonnam-gun, Seoul, to the front of the same military D.

Accordingly, the defendant violated his duty not to drive alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of power) and statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order increases the risk of citizens' traffic safety and thus the need for strict punishment is high, the defendant repents his mistake, and a considerable period of time has elapsed since the defendant was sentenced to a fine due to drinking driving in 2013, the balance of sentencing with the same kind of crime, criminal records, criminal records, background of the crime, the degree of the principal offense, the defendant's age, family relationship, health status, and the possibility of recidivism shall be determined by taking full account of the various sentencing conditions specified in the records and arguments of this case.

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