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(영문) 인천지방법원 2020.12.18 2020고단5993

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On December 21, 2017, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) in the Gyeyang District Court of Suwon on December 21, 2017.

【Criminal Facts】

On June 29, 2020, at around 02:00, the Defendant driven a 3 cargo vehicle with DNA 0.172% alcohol concentration in the section of approximately 100 meters from a place where it is impossible to know the B B World of Michuhol-gu Incheon Metropolitan City to the front road of Michuhol-gu, Michuhol-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose a penalty, and selection of fines;

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

1. Even though the Defendant had been punished for the same kind of crime for the reason of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, the Defendant re-offending the same crime, and the blood alcohol concentration at the time of the instant case

Furthermore, the crime of recidivism is heavier than that of imprisonment imposed by the defendant during the period of suspension of business.

However, there are some circumstances that are against the defendant, and some of the circumstances are to be taken into account when the defendant asserts.

The sentence shall be determined as per the disposition, taking into account such circumstances and all other circumstances as the age and environment of the defendant, etc.