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(영문) 광주지방법원 2020.05.28 2020고단890
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 April 25, 2016, the Defendant was issued a summary order of KRW 4 million for the crime of violation of the Road Traffic Act in the wooden branch of the Gwangju District Court on April 25, 2016.

On February 24, 2020, at around 15:13, the Defendant driven a f-to-purd motor vehicle within approximately 60km from the front side of the Seoul High School located in Chungcheongnam-gun, Chungcheongnam-do to the 2nd underground floor parking lot of the Ewon located in Gwangju-gu, Seo-gu.

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. Investigation reports (Application of the Madmark);

1. A traffic accident report;

1. Making a report on the control of drinking driving;

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 once was punished as a drunk driving, and the drinking water in this case is very high, so the possibility of criticism and social risks are high.

However, a fine shall be imposed on a defendant in consideration of the fact that there is time interval between the defendant's drinking end and the driving time, and that the defendant has no record of punishment other than the above drunk driving.

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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