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(영문) 광주지방법원순천지원 2020.12.16 2020고단1916
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

Criminal facts

On March 3, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court's net support.

On June 29, 2020, at around 21:10, the Defendant driven a DNA rocketing car while under the influence of alcohol of about 0.103% of alcohol alcohol level from the 20km section at approximately 73 km away from the Do in front of the “C” restaurant located in Bosung-gun B to the point where the same Gun is created.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 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 is that the defendant has a history of criminal punishment due to a drunk driving, and the defendant has been driving under the influence of alcohol again.

However, under the circumstances, the defendant seems to have a attitude to refrain from driving under the influence of alcohol again while reflecting his/her own mistake, and the defendant has no other punishment force than the previous conviction in the judgment, and has been responsible for supporting his/her mother and wife, and his/her child has been responsible for supporting his/her child, the defendant's age, character and behavior, environment, circumstances and result of the crime of this case, the circumstances after the crime of this case, etc. shall be comprehensively taken into account and determine the punishment as ordered.

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