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(영문) 인천지방법원 2020.01.21 2019고정2419

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On April 26, 2012, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act at the Incheon District Court's Busan District Court's Branch on April 26, 2012, and the summary order of KRW 2 million for the same crime at the Incheon District Court's District Court on June 18, 2013.

To the extent that it does not interfere with the defendant's right of defense, part of criminal records was revised.

On August 23, 2019, at around 23:35, the Defendant driven a hybrid vehicle with approximately approximately 200 to 300 meters of alcohol level 0.031% of alcohol level while under the influence of alcohol level 0.031% from the old world near Seo-gu Incheon Metropolitan City to the front of the E Hospital located in the same Gu D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal history records, reply reports (A) and Acts and subordinate statutes to criminal investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (The following grounds for sentencing):

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 requires strict punishment for the crime of drunk driving as well as the risk of harming the life and body of others. The revised Road Traffic Act strengthened statutory punishment for this purport.

The defendant has already been punished twice due to the same kind of crime, but again committed a second offense.

However, at least in this case, the risk of the defendant's drunk driving was not realized due to other traffic accidents.

In addition to the fact that the defendant shows an attitude to recognize and reflect the crime of this case, the motive of the crime of this case, such as the defendant's age, criminal status, family relation, existing criminal records, circumstances leading the defendant to commit the crime of this case, and blood alcohol concentration.