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(영문) 인천지방법원 2020.06.12 2020고정558

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

[Criminal Power] On July 1, 201, the Defendant was issued a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (driving on Motor Vehicle) at the Ansan Branch of the Suwon District Court.

【Criminal Facts】

On December 23, 2019, at around 23:15, the Defendant driven a CM5 vehicle under the influence of alcohol from the section of approximately 1.7km to the access road to the metropolitan metropolitan circulation Highway in the Bupyeong-gu Incheon Metropolitan City from the front of the B apartment in Bupyeong-gu to the access road to the international air traffic in the Bupyeong-gu Incheon Metropolitan City.

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 convictions in judgment: Application of criminal records, repeated statements, and statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime again despite the existence of the same kind of penal power.

On the other hand, the Defendant appears to be against the recognition of the instant crime, and there is no criminal record other than the same criminal record.

Other circumstances, such as the distance and time of the Defendant’s driving, blood alcohol concentration at the time of the instant crime, and time interval from the last same kind of force to the time of the instant crime, including the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, and circumstances after the instant crime, etc., shall be determined as follows.