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(영문) 광주지방법원 2020.10.15 2020고단4483
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 00:00 on August 16, 2020, the Defendant driven a DNA-learning car from approximately 5 km to the front road of Gwangju Nam-gu, where the trade name in the two villages of Gwangju cannot be known, at approximately 0.049% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 3 and 44 (1) of the Road Traffic Act, which choose the penalty for the 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, even though he was punished as a drunk driving, has a high possibility of criticism and social risks.

However, in consideration of the fact that the defendant's previous convictions and the date of the crime in this case had a high interval of time between the defendant's previous convictions and the date of the crime in this case, the defendant does not have any previous convictions in violation of Article 44 (1) of the Road Traffic Act, the amount of drinking water in this case is lower than other cases, and the defendant's mistake is divided, the amount of the fine shall be sentenced to a fine and the amount of the fine shall be determined

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