beta
(영문) 인천지방법원 2020.09.28 2020고단5388

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 February 10, 2010, the Defendant was issued a summary order of KRW 700,000 by the Incheon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On June 10, 2020, the Defendant, while under the influence of alcohol of 0.128% of blood alcohol level around 22:45 on June 10, 202, driven CM5 automobiles from around the Yeonsu-gu Incheon Metropolitan City B apartment to the same Gu poppy-ro 165, from around 2 km to the lower-class road of the same Gu.

As a result, the defendant was sentenced to criminal punishment for drunk driving, but he was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the result of crackdown on drinking driving, and report on the situation of drinking drivers;

1. The application of Acts and subordinate statutes attaching criminal records, reply reports, and summary orders of the suspect's same kind of power;

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

1. Article 53 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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order, the sentence shall be determined as ordered in consideration of the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, etc.

The defendant was punished twice due to drunk driving, but he was again under the influence of alcohol.

It is also a high level of blood alcohol concentration measured.

The favorable circumstances: The record of the same kind of crime is before 10 years, and the same should not be driven by drinking again.