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(영문) 광주지방법원 2020.11.12 2020고단4717
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

At around 23:20 on September 8, 2020, the Defendant driven a DPoter Ⅱ truck from approximately 4km to the front road of the sewage terminal treatment plant in the same military area from the front road in Yong-Namnam-gun B, with the alcohol level of 0.212% of alcohol level around 0.20.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. Notification of the results of the drinking driving control, and the application of Acts and subordinate statutes to the drinking driving control;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 1 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 was punished as a drunk driving in the past. Since the drinking water in this case is very high, the possibility of criticism and social risks are high.

However, the defendant shall be punished by a fine in consideration of the fact that the defendant's drinking driving and the criminal record of this case have a big interval of time between the date of the crime, the defendant does not have a criminal record of drunk driving in violation of Article 44 (1) of the Road Traffic Act, and the defendant repents

The amount of the fine shall be set at the lower limit of the punishment that did not reduce the amount in consideration of the above factors of sentencing.

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