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(영문) 광주지방법원 2021.01.20 2020고단5396
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 October 14, 2016, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act by the Gwangju District Court.

On October 10, 2020, around 00:17, the Defendant driven a vehicle EK9, while under the influence of alcohol leveling 0.138% from the parking lot in Gwangju North-gu, to the same Gu D apartment parking lot.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking.

Summary of Evidence

1. The defendant's legal statement and the report on traffic accidents (1) the actual condition investigation report;

1. Statement of the circumstances concerning the occurrence of a traffic accident by the driver at the main place;

1. Report on each internal investigation report on a copy of the ledger using a breath measuring instrument as a result of the crackdown on driving alcohol (applicable to the duplicity following initial investigation, such as a field investigation, correction of the last drinking time) (the duplicated CCTV image/final drinking time correction following the correction of the last drinking time);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries, such as criminal history, and investigation reports (Attachment to the same type of force (driving of alcohol);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment happens when the defendant drives alcohol, and that the degree of alcohol concentration in blood is not low, the criminal liability is not minor;

However, it is advantageous to the fact that the defendant is against himself, and that the above accident is a minor simple substitute accident.

In addition to the above circumstances, the punishment as described in the order shall be determined by taking into account the time interval of the previous criminal records having been drinking, the details and process leading to driving of drinking, the age of the defendant, sexual behavior, environment, etc.

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