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(영문) 광주지방법원순천지원 2020.11.25 2020고단2330
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

[Criminal Power] On February 8, 201, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Gwangju District Court’s Netcheon Branch.

【Criminal Facts】

On August 31, 2020, at around 20:35, the Defendant driven an E Coststex vehicle under the influence of alcohol concentration of about 0.097% from the 400-meter section, from the roads near C in leisure city B, to the roads front of the relevant D apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Criminal records as stated in each judgment after checking the results of crackdown on drinking driving, reporting on the situation of driving under the influence of alcohol, reporting on the circumstantial statement of the driver under the request for appraisal, and investigation report on the circumstances of the driver under the influence of alcohol: Application of Acts and subordinate statutes to inquire about criminal records, etc. and investigation reports (attached to summary orders);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes and reflects the instant crime, the social harm caused by drunk driving is very serious and thus, it is necessary to severely punish the Defendant. Even though the Defendant had been sentenced to a fine for the violation of the Road Traffic Act of 2011, it cannot be said that the Defendant’s responsibility is somewhat weak in that he/she repeats the crime.

In addition, the defendant's punishment against the defendant shall be determined by comprehensively taking into account the circumstances leading to the drinking driving of the case, the blood alcohol concentration (0.097%) and driving distance, the circumstances leading to the detection of the crime of drinking alcohol of the case, the defendant's age, character and conduct, criminal records, and the case of sentencing in all cases similar to the sentencing factors indicated in the argument of the case, such as the interval between the past and the previous crimes.

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