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(영문) 광주지방법원 2020.06.04 2020고단290
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On October 20, 2011, the Defendant was issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act, and KRW 2 million as a fine for a violation of the Road Traffic Act, at a wooden branch of the Gwangju District Court on October 14, 2016, at a wooden branch of the Gwangju District Court on October 201.

On January 14, 2020, at around 14:25, the Defendant driven a C Sti-type car under the influence of alcohol concentration of about 0.039% from the 20km section from the 14:25, the roads located in the Seoul-Yaeung-gu Seoul Special Metropolitan City to the front roads of B, Jeonju-si.

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. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, 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 sentencing period of Article 334(1) of the Criminal Procedure Act of the provisional payment order is the same criminal records of the defendant, blood alcohol concentration at the time of the crime in this case, the circumstances leading to the drunk driving, the distance and place of the drunk driving and the defendant's mistake are divided. Other factors such as the age, character and conduct of the defendant, circumstances before and after the crime in this case and all of the sentencing conditions shown in the records and arguments are considered.

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