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(영문) 인천지방법원 2021.02.03 2020고단8874

도로교통법위반(음주운전)

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

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

Reasons

Punishment of the crime

On April 9, 2015, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court.

On September 24, 2020, the Defendant driven C QM6 car under the influence of alcohol level of about 0.063% during blood in the section of approximately 8km from the south-dong, Incheon Metropolitan City to the front road of the building B in Bupyeong-gu, Incheon.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. References to inquiries, such as criminal history, and application of summary order statutes;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Article 53 of the Criminal Act for mitigation of small amount;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances: (a) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (b) the sentencing conditions stated in the pleadings of the instant case, such as the circumstances after the crime, shall be determined as ordered by the Criminal Procedure Act.

Unfavorable circumstances: The Defendant, even though he had a record of being punished for driving under the influence of alcohol once, was driving under the influence of alcohol.

The favorable circumstances: There is no record of crimes other than the above crimes.

In the measured blood, the alcohol concentration is low.