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(영문) 광주지방법원 2020.02.06 2019고단5253
도로교통법위반(음주운전)
Text

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

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 June 7, 2011, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Gwangju District Court.

【Criminal Facts】

At around 21:40 on December 2, 2019, the Defendant driven a D Uidi A6 car while under the influence of alcohol concentration of about 0.064% at the section of approximately 100 meters from the front side of the Gwangju Mine to the same front side of the Gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the result of crackdown on drinking driving;

1. Previous convictions in judgment: Criminal records and other inquiries, and the application of investigation reports (one time before and after a suspect's drunk driving);

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. The defendant's act shall be punished by a fine in consideration of the following facts: (a) prior to the sentencing reason of Article 334(1) of the Criminal Procedure Act of the provisional payment order: (b) the record of drinking alcohol prior to the sentencing is one time; (c) the degree of blood alcohol level is high; (d) the previous driving force and the present crime have more than eight years; and (e) the fact that his mistake

In addition, the details of the drinking driving, the distance and place of the drinking driving, the details of the control, the age, character and conduct, environment, circumstances after the crime, etc. shall be determined as the sentence as ordered.

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