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(영문) 광주지방법원 2020.02.20 2019고단5373
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[Criminal Power] On September 6, 2010, the Defendant was issued a summary order of KRW 1 million by the Gwangju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On November 14, 2019, at around 00:34, the Defendant driven an Estststa car from approximately 1 km to the road front of the C cafeteria located in B, Naju City, from around 0.186% of alcohol level, while under the influence of alcohol, from around 00:34.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiries, such as criminal records, and summary order 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 punishment of a fine is already imposed once due to drinking alcohol as stated in the records of the criminal records in the judgment of the sentencing of Article 334(1) of the Criminal Procedure Act, and blood alcohol concentration is very high, but the fine is imposed in consideration of the records of the previous drinking driving and the fact that there is a considerable interval between the crime in the previous drinking alcohol level and the crime in this case, and the fact that his mistake is recognized.

In addition, the details of the drinking driving, the distance and place of the drinking driving, the details of the control, the age, character and conduct, environment, circumstances after the crime, etc. shall be determined as the sentence as ordered.

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