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(영문) 광주지방법원 순천지원 2021.02.17 2020고단3364
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[criminal history] On May 10, 2010, the Defendant received a summary order of KRW 700,000 as a fine for a violation of road traffic law (dacting driving) from the Gwangju District Court’s net support.

[Criminal facts] On December 15, 2020, the Defendant driven a DNA car under the influence of alcohol concentration of about 0.051% from a 300-meter radius to the front road of the B apartment in lightyang-si around 19:45 on December 15, 2020 to the front road of the C apartment in lightyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol (A);

1. Statement of the circumstances of the driver involved in driving;

1. Records of the judgment: The application of inquiry letter, such as criminal history (A), investigation report (the confirmation of criminal records of the same kind) and statutes;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

1. Although the defendant's reason for sentencing of Article 334 (1) of the Criminal Procedure Act of the Criminal Procedure Act recognizes and reflects the crime of this case, the social harm caused by the driving of drinking is very serious and thus, it is necessary to strictly punish the crime. The defendant's responsibility is somewhat minor in that he/she repeats the crime even though he/she had been punished by a fine due to a violation of the Traffic Act of 2010.

subsection (b) of this section.

However, the defendant's blood alcohol concentration is relatively lower than 0.051%, and the driving distance is more than 300 meters, taking into account the sentencing.

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

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