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(영문) 광주지방법원 2020.02.05 2019고단4898
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 16, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

On October 27, 2019, at around 01:00, the Defendant driven a F Belgium, while under the influence of alcohol content of about 0.043% from the section of approximately 200 meters, from the front of the C cafeteria located in Gwangju Mine-gu, to the front of the E cafeteria located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of criminal records of a suspect's drunk driving);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Fine)

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, who had been sentenced to a fine for a drunk driving in 2010, once again driven a motor vehicle for the reason of sentencing. However, even though the period between the above punishment records and the crime of this case has reached about nine years and there is no record of punishment except the above punishment records, driving a blood alcohol concentration (0.043%) and a relatively short distance (200 meters) with the exception of the above punishment records, driving a motor vehicle by requesting a driver to drive the motor vehicle, the defendant's age, character and conduct, environment, and conditions of sentencing under Article 51 of the Criminal Act are comprehensively taken into account.

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