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(영문) 광주지방법원 2020.01.09 2019고단3641
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On March 21, 2012, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act from the Gwangju District Court.

【Criminal Facts】

On September 10, 2019, the Defendant was under the influence of alcohol at around 22:42, and at around 0.113% of alcohol concentration, and was driving a 3 km car from the roads adjacent to the “C” in the Gwangju Mine-gu, Gwangju, to the front of the same Gu’s “D apartment” E-dong parking lot.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Criminal records: To refer to inquiries, and to the application of summary order statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is that although the defendant had already been punished once for a drunk driving, the blood alcohol concentration level is criticized for the decrease of drinking driving even though 0.19% has already been 0.19%.

However, it is advantageous to the fact that there is no criminal record, unlike the criminal record due to the drunk driving, the defendant was not punished due to the drunk driving after 2012, and the defendant is willing not to drive under the influence of alcohol again while the defendant seriously reflects his intention.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the motive of drinking driving, place and distance of drinking driving, blood alcohol concentration (0.113%) and other circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, environment, etc. after committing the crime.

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