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(영문) 인천지방법원 2021.02.24 2020고단9501

도로교통법위반(음주운전)

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Defendant shall be punished by a fine of eight million won.

If the above fine is not paid, the period of 10,000 won shall be converted into one day.

Reasons

Punishment of the crime

On March 30, 2018, the Defendant was sentenced to suspension of indictment for a violation of road traffic law (drinking driving) at the Incheon District Public Prosecutor's Office.

On September 17, 2020, around 04:40, the Defendant driven a car under the influence of alcohol level of about 0.102% during blood alcohol level at approximately 8km from the top to the 254-distance at the entrance of the Namdong-gu, Incheon Metropolitan City from the Yandong-gu (Seoul Metropolitan City) to the 3-distance at the entrance of the 254 Mudong-ro 14-gilam.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative report, and inquiry into the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, written opinion, and written decision not to prosecute, such as criminal history;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act, which was driven under the influence of alcohol for the reason of sentencing, led to one-way shock of the vehicle in front of driving.

The previous vehicle, which was 14.5 tons of truck, has been greatly dedicated to the defendant's vehicle on the virtue that was 14.5 tons of truck, but the level of the vehicle was very serious and the time difference between the previous drinking driving force and the previous drinking driving force is not more than 3 years.

The sentencing conditions of Article 51 of the Criminal Act, including the fact that the person was not punished due to the previous drinking driving, the fact that the person is recognized to commit the crime, and the support for his/her family, shall be determined by considering the sentencing conditions of Article 51 of the Criminal Act.