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(영문) 광주지방법원 2020.02.05 2019고단5342
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 December 24, 2009, the Defendant received a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act from the Gwangju District Court.

On December 7, 2019, around 23:10 on December 7, 2019, the Defendant driven C Lasta car while under the influence of alcohol concentration of about 0.075% from the section of approximately 8km from the place where the address of non-child in Gwangju Mine-gu to the front day of the Jeonnam-gun B.

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

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of criminal records before and after driving a suspect under influence of alcohol);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Fine)

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that a defendant, who had been punished for driving under the influence of alcohol in 2009, drives under the influence of alcohol again, caused an accident that shocks the central separation zone during driving, and the reason for driving under the influence of alcohol does not have any special circumstances to take into account the circumstances, and thus, the above punishment power does not have any criminal power if excluded, and the above punishment power does not exist, and the interval between the above punishment power and the pertinent driving under the influence of alcohol is about 10 years, and the blood alcohol concentration (075%) is relatively relatively high, and the defendant's age, character and behavior, environment, and conditions for sentencing under Article 51 of the Criminal Act shall be comprehensively considered.

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