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(영문) 광주지방법원순천지원 2020.11.06 2020고단1018
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On December 3, 2018, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the Gwangju District Court’s net support on December 3, 2018.

【Criminal Facts】

On April 14, 2020, the Defendant driven a F e-sports cargo vehicle at approximately 300 meters under the influence of alcohol concentration of about 0.046% from the 300-meter section from the front road in the 14th Macheon City B to the front road of the E-bank new location in the same city D.

Accordingly, the defendant, who violated the prohibition of drinking driving at least once, was driving a cargo again while under the influence of alcohol.

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 of judgment: Criminal records, etc., inquiry reports, investigation reports (report attached to the same type of power), and application of Acts and subordinate statutes governing summary orders;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, the choice of fines (in addition to the first fine, the absence of any other previous conviction, support of the children who are students after divorce, and the volume of blood alcohol concentration, etc.);

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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