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(영문) 인천지방법원 2020.06.26 2020고단2358

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

[Criminal Power] On July 7, 2017, 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.

【Criminal Facts】

On March 17, 2020, at around 22:49, the Defendant driven a Category C Ga in the state of alcohol with a blood alcohol concentration of about 0.037% from approximately 500 meters to the roads adjacent to Yeonsu-gu Incheon Metropolitan City B apartment, Yeonsu-gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements, and road traffic violations (driving, driving without a license), and Acts and subordinate statutes to confirm the punishment records;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of drunk driving on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is likely to harm the life and body of others as well as himself/herself, and the liability for the crime is not somewhat weak, and the defendant again committed the crime in this case despite the same kind of punishment power.

On the other hand, the Defendant is against the recognition of the instant crime, and the blood alcohol concentration at the time of the instant crime was relatively high, and the Defendant did not repeat the instant vehicle by disposing of it, etc.

Other circumstances, such as the distance and time of the defendant's driving, and the time interval from the last same kind of force to the time of the crime of this case, including the age, character and conduct, environment, motive and circumstance of the crime of this case, and the circumstances after the crime of this case, shall be determined as ordered by taking into account all the circumstances that form the conditions of sentencing