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(영문) 광주지방법원 2021.03.11 2020고단6431
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On April 24, 2009, the Defendant was issued a summary order of KRW 500,000 as a crime of violating the Road Traffic Act by the Gwangju District Court.

On November 18, 2020, at around 16:50, the Defendant driven a FST5 car in the state of alcohol alcohol concentration of approximately 0.034% from the 10km section from the front of the C cafeteria in Gwangju-gu to the front of the E store in Naju-si.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Report on the circumstances of driving under the liquor:

1. Involving the enemy;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

1. Article 148-2 Subparag. 1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) (amended by Act No. 17371 of Jun. 9, 202) regarding the crime, the small amount of punishment to be mitigated under Articles 53 and 55(1)6 of the Criminal Act

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not correspond to the punishment of the crime of this case, even though the defendant had been punished for the same kind of crime in the past, and again commits the crime of this case. However, it is against the defendant's recognition of the crime of this case. The defendant has recently been at intervals between the previous criminal record of driving alcohol and the date of the crime of this case, there is a low drinking level compared to other cases, and the defendant's age, sexual behavior, environment, and circumstances after the crime of this case are considered comprehensively, and the punishment of this case is determined as ordered.

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