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(영문) 광주지방법원 순천지원 2021.02.18 2020고단2331
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 22, 2019, the defendant had the record of being sentenced to suspension of indictment for a violation of road traffic law at the net office of the Gwangju District Public Prosecutor's Office's Office.

On September 2, 2020, the Defendant driven an E rocketing car in the state of alcohol alcohol concentration of approximately 0.044% from the 25km section from the front of the convenience store located in B at Gwangju-si around 03:35 to the front of the D oil station located in Bosung-gun C.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

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

1. Previous convictions in judgment: Application of an inquiry letter, non-prosecution decision, written opinion, and summary order text, such as criminal history;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the selection of fines for criminal facts;

1. Article 53 and Article 55(1)6 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 0.04% of the drinking volume and the defendant's mistake is against each other);

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

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

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