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(영문) 광주지방법원 2020.06.18 2020고단50
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On April 24, 2017, the Defendant was issued a summary order of KRW 4 million by the Gwangju District Court due to a crime of violation of the Road Traffic Act.

On December 26, 2019, the Defendant driven a FK 3 car from approximately 500 meters away from the roads near Gwangjubuk-gu B to the E neighboring roads located in Gwangjubuk-gu, in a state of alcohol of 0.145% of blood alcohol level around 22:25, 2019.

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, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is two years after the Defendant was punished for drunk driving, and the Defendant again driven under drinking again, and the instant drinking water level is high, so there is a high possibility of criticism against the Defendant.

However, the Defendant did not have any other means of punishment except for the above drunk driving record, and sells the instant vehicle and uses public transportation by mixing the error after the instant crime. In this case, considering the disadvantage that the Defendant would have been sentenced to imprisonment in the event that the Defendant is sentenced to imprisonment, the Defendant shall be sentenced to a fine only once, and the amount of the fine shall be determined as per the order within the scope of the sentence that has not been mitigated by taking into account the above factors of sentencing.

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