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(영문) 인천지방법원 부천지원 2021.01.15 2020고단3221

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Defendant 1] On April 13, 2007, the Busan District Court rendered a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (dacting driving) at the Busan District Court’s Branch Branch Branch.

[Criminal facts] On August 11, 2020, the Defendant driven CN-si car under the influence of alcohol with approximately 0.136% alcohol concentration from the 1.5km section from the insular area to the same city B around 23:30 on August 11, 2020.

Summary of Evidence

1. Previous records of the defendant's statement in the circumstances of the driver under the police interrogation protocol, the report of the driver under the influence of alcohol, the inquiry of the results of crackdown on the driving of alcohol, the driver's license register of the vehicle in the register using the measuring instrument for drinking alcohol, and the investigation report of the driver under the circumstances of the vehicle: The criminal history, the investigation report (Attachment of suspect records) and the application of each of the summary order Acts and subordinate statutes;

1. Relevant legal provisions on criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act (the point of drinking), and the choice of a fine (the Defendant, despite having been punished by drinking in 2005 and 2007, committed the instant crime of drinking again, so risk of repeating the crime is likely, and since the instant crime is of high alcohol concentration during blood transfusion at the time of committing the instant crime, it is also inappropriate to commit the crime.

However, the defendant confessions the crime of this case and reflects his depth, and the defendant did not control the driving of drinking after 207, and is punished by a fine, taking into account the following circumstances: (a) the defendant is punished by a fine, taking into account that there is no other criminal punishment, except for a fine of two times due to driving of drinking, and a violation of the Guarantee of Workers' Retirement Benefits Act in 2016.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.