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(영문) 인천지방법원 2020.01.16 2019고단8012

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On November 6, 2008, the Defendant was issued a summary order of KRW 2.5 million as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court.

【Criminal Facts】

On October 1, 2019, at around 22:50, the Defendant driven a B-hand car with approximately 6.3m alcohol concentration of about 0.159% under the influence of alcohol in the middle of the 6.3m section from the street in front of the airport market station located in the 30-dong, Gangseo-gu, Seoul Metropolitan Government, to the direction of the eromatic direction of the eropo-dong, Youngyang-gu, Seoyang-gu, 482-1.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes on internal investigation reports (Application of the Tramark Official Form);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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. Although the sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order had a record of being punished for driving under the influence of alcohol, the protective wall of the road was shocked while driving under the influence of alcohol and the measured drinking water is also reasonable

However, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the previous conviction has been pened in depth; (b) the previous conviction has passed for more than 10 years; (c) there has been no criminal history exceeding the fine; (d) the physical damage has been recovered; and (e) the circumstances leading to the drinking driving; and (e) the Defendant’s age, character and conduct, environment, circumstances