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(영문) 인천지방법원 2020.05.13 2019고단8215

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 March 20, 2019, the Defendant was notified of a summary order of a fine of one million won for the crime of violating the Road Traffic Act in the Ansan District Court.

【Criminal Facts】

On November 10, 2019, at around 06:50, the Defendant driven C-5 car under the influence of alcohol with a blood alcohol concentration of 0.094% at the section of approximately 9.4km from the south-gu Incheon Metropolitan City to the front of the same Gu B apartment.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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) 3 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 of the provisional payment order is that the defendant, who was punished once due to drunk driving, is subject to criticism.

However, the sentencing conditions under Article 51 of the Criminal Act as stated in the records of this case, such as the fact that the defendant is unable to drive under the influence of alcohol again, the fact that there is no record of the crime other than once a drunk driving, the degree of other drinking, the defendant's age, character and conduct, environment, and the source of booms, etc., shall be determined as ordered by considering the various sentencing conditions specified in the records of this case