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(영문) 광주지방법원 2020.06.11 2020고단157
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 January 11, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

At around 00:10 on January 7, 2020, the Defendant driven D E220 benz automobiles with approximately 0.128% alcohol concentration at a distance of about 500 meters from the front of the cafeteria located in the Southern-gu Busan Metropolitan City, to the front of the C cafeteria located in B.

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 Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the defendant was punished by a fine for the same kind of crime; the degree of blood alcohol at the time of the crime in this case; the background leading up to the drunk driving; the distance and place of the drunk driving; and the fact that the defendant separates his mistake; the defendant's age, character and conduct, and circumstances before and after the crime in this case, the punishment shall be determined as per the order, taking into account all the sentencing conditions shown in the records and arguments of this case,

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