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(영문) 광주지방법원순천지원 2020.11.18 2020고단1485
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

Criminal facts

On March 29, 2016, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Gwangju District Court's Netcheon Branch.

On May 29, 2020, at around 21:35, the Defendant driven a B-learning car under the influence of alcohol concentration of 0.068% on the front side of the rectangular road located in the Southern East-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate 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 for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant is under the influence of alcohol again even though he/she had a record of criminal punishment due to a drunk driving, and such risk is high.

However, under the circumstances, such as the defendant's attitude to reflect in depth on his mistake, the defendant's age, character and conduct, environment, the circumstances and result of the crime of this case, and the circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the defendant's age, character, environment, the circumstances after the crime of this case, etc., and (b) the disposal of the vehicle possessed while making the defendant

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