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(영문) 광주지방법원 순천지원 2021.03.04 2020고단2926
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 November 4, 2014, the Defendant issued a summary order of 700,000 won for a crime of violating Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on November 4, 2014.

On November 17, 2020, the Defendant driven a FST5 car under the influence of alcohol leveling to approximately 0.177% in the section of approximately 1.5 meters of alcohol level from the roads adjacent to C, which are located in D at the same time, to the roads prior to E church located in D at the same time.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

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

1. Although the reasoning drinking value of sentencing under Article 334(1) of the Criminal Procedure Act is considerably high, a fine is selected by taking into account the following: (a) a considerable period of time has elapsed from the time when the person was punished for driving under the influence of alcohol stated in the judgment; and (b) a defendant has no record of any other crime except the above crime; and (c) a fine is determined by taking into account the aforementioned drinking value and other drinking content, the defendant’s age, sex behavior, environment, family relationship, circumstances after the crime, etc., and various sentencing conditions specified in the arguments and records of the instant case, such as drinking value and other circumstances after the crime.

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