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(영문) 인천지방법원 2020.10.28 2020고단6214

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

Punishment of the crime

On February 14, 2017, the Defendant received a summary order of KRW 1,500,000 from the Incheon District Court as a crime of violation of the Road Traffic Act.

On May 26, 2020, the Defendant, at the road located in the 52-lane of the floodgate of Jung-gu Incheon, Jung-gu, Incheon, 020, led B rocketing car to the degree of 10 meters under the influence of alcohol content of 0.148%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

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

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

1. Article 53 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. 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, even though he had a record of being punished as a drunk driving, was driving again.

It is also a high level of blood alcohol concentration measured.

The driver was in contact with the driver while driving.

The favorable circumstances: There shall be no power to commit any other crime except the above crimes.

The driving distance is short.