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(영문) 광주지방법원 순천지원 2019.07.05 2019고단808
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On June 27, 2011, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court, and on April 14, 2017, the Defendant was issued a summary order of KRW 2 million for the same crime.

On March 28, 2019, at around 21:20, the Defendant driven a Fro-car in the state of alcohol with approximately 50 meters alcohol concentration of about 0.062% in the section of about 50 meters from the front of the Cro-owned station located in Cro-si B to the front of the Ero-owned zone D.

As a result, the defendant has violated Article 44 (1) of the Road Traffic Act not less than twice and has driven a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol drivers, and inquiry into the results of crackdown on driving under the influence of alcohol ( March 28, 2019);

1. Previous records: Application of inquiries, such as criminal records, and a summary of investigation results (including the previous records, confirmations, and attached data) and statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of fines for criminal facts;

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

1. Even though the Defendant had a previous record of a fine for drunk driving, the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not that of the crime of this case.

However, the defendant is against himself.

The blood alcohol concentration at the time of the instant crime is relatively high.

In particular, when the defendant is punished by imprisonment, there is room for additional disadvantages to lose his/her workplace, and due to this, there is a possibility that the defendant's dependents may face difficulties.

In addition, the defendant shall be punished by a fine, considering the age, character and conduct, the environment, the motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading.

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