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(영문) 인천지방법원부천지원 2020.12.17 2020고단4605

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[Criminal Power] On July 5, 2012, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Incheon District Court’s Branch Branch.

【Criminal Facts】

On November 4, 2020, at around 22:34, the Defendant driven a motor vehicle with Centent alcohol concentration of about 0.054% in a 20-meter section from the road where no address is known, to the front road of Seocheon-si. B., the Defendant driven a motor vehicle under the influence of alcohol level of about 0.054%.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant’s legal statement, report on the state of his driving, report on the state of his driving, investigation report (report on the state of his driving), notification on the control of his driving under the influence of alcohol, and inquiry into the results of the control of his driving under the influence of alcohol;

1. Previous convictions in judgment: Application of criminal records and summary order Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting the crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines (the fact that the defendant recognizes the crime of this case and reflects the nature of the crime of this case, the interval between the previous drunk driving and the drinking alcohol taking into account, etc.);

1. Discretionary mitigation of fines under Articles 53 and 55 (1) 3 of the Criminal Act ( repeatedly considered the grounds for choosing a fine);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.