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(영문) 광주지방법원 2020.02.20 2019고단5550
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[Criminal Power] On August 21, 2009, the Defendant was issued a summary order of KRW 1 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 14, 2019, at around 05:19, the Defendant driven a E-motor vehicle under the influence of alcohol level of about 0.141% from the 7km section from the front road in Gwangju Mine-gu, to the front road in Gwangju Northern-gu D.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiries, such as criminal records, and one copy of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and 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. A driver is driving a vehicle under the influence of drinking the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order.

A fine shall be imposed in consideration of favorable circumstances, such as the fact that a traffic accident that causes the shock of parked vehicles and the defendant's act of drinking is crackdownd. However, prior to the crime of this case, the entire period of punishment for a fine once due to drinking driving is punished, and there is a considerable interval between the previous driving record and the crime of this case, and the fact that the defendant recognizes his mistake.

Other punishment as ordered shall be determined in consideration of the degree of blood alcohol, the details of the drinking driving, the distance and place of the drinking driving, the age, character and conduct, environment, circumstances after the crime, etc.

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