(영문) 광주지방법원 2020.12.10 2020고단5503

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Reasons

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자간(%)

(영문) 광주지방법원 2020.12.10 2020고단5503

도로교통법위반(음주운전)

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Defendant shall be punished by a fine of eight million won.

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

Reasons

Punishment of the crime

On September 11, 2006, the defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court for the crime of violation of the Road Traffic Act.

On October 7, 2020, the Defendant, while under the influence of alcohol around 20:45 and 0.057% of blood alcohol concentration, driven a Fbe-cr cruise car at approximately 1 km from the front road in Gwangju Mine-gu, Gwangju, to the front road of the E church located in the same Gu D.

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. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of fines for criminal facts

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The reasoning for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is as follows: (a) the Defendant’s records of the same criminal act (which has been at intervals of not less than 14 years between the instant criminal act and has the record of punishing a fine of not less than 1.5 million won in relation to the driving under influence of alcohol); (b) the degree of blood alcohol concentration at the time of the instant crime was not higher than 0.057%; (c) the circumstances leading up to the instant crime, the distance and place of the driving under influence of alcohol; (d) the Defendant’s mistake is divided; (e) the Defendant’s age, character and conduct; and (e) the period and place of the driving under influence of alcohol; and (e)

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