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(영문) 인천지방법원 부천지원 2020.02.14 2019고단3592

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

[criminal power] On January 9, 2013, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 9, 2013.

【Criminal Facts】

On August 22, 2019, at around 22:21, the Defendant driven CCor or a car on the road of about 30 kilometers from the 9-gate to Kimpo-si, Seoul Mapo-gu, in a state of alcohol of 0.047 percent of blood alcohol concentration.

As a result, the defendant violated the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous convictions in judgment: 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) 6 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, which is a crime that may lead not only to a person's life but also to a person's life, has poor quality of the crime, but also the defendant recognized the crime of this case and reflects the fact that the defendant has no same criminal records during the last five years, and the defendant's blood alcohol concentration was considerably low. The crime of this case is deemed to fall under the so-called night driving (the defendant has consistently changed from the first police investigation to the effect that the defendant is a night driving due to the drinking in the preceding night after drinking alcohol at night after the night after drinking alcohol and diving (the defendant has consistently changed from the first police investigation to the effect that it is a night driving due to the drinking alcohol. In light of the fact that the defendant uses the substitute driving on his behalf and the defendant's blood alcohol concentration, etc., the above change of the defendant's above contents can be considered as a reliable circumstance).