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(영문) 인천지방법원 부천지원 2021.01.22 2020고단3897

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

[criminal history] On July 10, 2008, the Defendant received a summary order of KRW 4 million as a fine of KRW 5 million due to a crime of violation of the Road Traffic Act (driving of alcohol) and a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) at the Seoul Southern District Court (Seoul Southern District Court) and a fine of KRW 5 million due to a violation of the Road Traffic Act (driving of alcohol) from the Incheon District Court’s Branch Branch on July 8, 2016.

[Criminal facts] On September 21, 2020, around 21:25, the Defendant driven E-Poter truck under the influence of alcohol concentration of about 0.096% from the section of about 5km from the front road in Guro-gu Seoul Metropolitan Government to the front road in Seocheon-si D.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. The defendant's statement in the circumstances of the driver under the police interrogation protocol, the report on the state of the driver under the influence of alcohol, the notification of the results of the crackdown on the driving of alcohol, the management inquiry into the records of the reports on the driving of alcohol, the register of driver's licenses, the next inquiry into the records of crackdown on the driving of alcohol, and the investigation report on mandatory insurance by the defendant (the report on the state of the driver under the influence of alcohol and the revision

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (verification of the same kind of force), and application of each summary order Acts and subordinate statutes;

1. Relevant legal provisions on criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act (the point of drinking), and the choice of a fine (the Defendant, even after being punished by drinking in 2008 and 2016, committed the instant drinking again, and thus, is highly likely to repeat the crime, and the instant crime is highly likely because it is a high level of alcohol concentration during blood transfusion at the time of committing the instant crime.

However, the Defendant’s confession and reflects the instant crime, and the Defendant is not subject to criminal punishment, except for a fine of two times due to drinking driving, etc., and a fine of one million won due to driving without a license in September 2008, and was not punished due to drinking after 2016.