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(영문) 인천지방법원 2020.12.23 2020고단9165

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On May 30, 201, the Defendant is a person who was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act at the Incheon District Court on May 30, 201, and a fine of KRW 1,500,000 from the Daejeon District Court's Incheon District Court's Branch Branch on October 6, 201 to

On September 23, 2020, at around 23:06, the Defendant moved to drive a car in the state of alcohol 0.109% under the influence of alcohol from about 1 km section from around the roads of Incheon Strengthening Military Bpention to the roads before the above Bpention.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written request for appraisal, a written report on investigation (22 pages of evidence records);

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, summary orders, etc.;

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order, the sentence shall be determined as ordered in consideration of the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, etc.

Unfavorable circumstances: The Defendant re-driving a motor vehicle even though he/she had a record of being punished for a drunk driving twice.

Excellent circumstances: The same criminal power is 6 years prior to 6 years.

In addition to the past records of fines on a total of three occasions, including the above two times, there shall not be any force on crimes.