beta
(영문) 인천지방법원 부천지원 2020.07.23 2020고단256

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 4, 2017, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act from the Incheon District Court’s Busan District Court’s Branch.

On October 12, 2019, at around 18:55, the Defendant driven the E-Poter Ⅱ truck on the road at approximately 1 km section from the G parking lot in Kimpo-si, Kimpo-si, with a alcohol level of 0.036% of blood alcohol level.

As a result, the defendant violated the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of criminal records of the same kind as a suspect), and application of Acts and subordinate statutes governing attachment orders;

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) 6 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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are all recognized, and the punishment shall be determined by taking into account all the sentencing conditions shown in the pleadings of the instant case, such as the number of blood alcohol concentration, driving distance, the frequency and time and interval of the crime, the family relation, age, character and conduct, environment, circumstances of the crime, and circumstances after the crime.