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(영문) 인천지방법원부천지원 2020.12.01 2020고단2443

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

On January 4, 2012, the Defendant was issued a summary order of KRW 2.5 million by the Incheon District Court as a crime of violation of the Road Traffic Act.

On May 26, 2020, at around 23:15, the Defendant driven a DNA liquid car with approximately 100 meters alcohol concentration 0.060% under the influence of alcohol from the 100-meter section from the front of Seocheon-si B to the front of the same city C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, and report on the state of drinking drivers' state of standing;

1. Previous convictions in judgment: Application of one summary order and one copy of the criminal record inquiry statement (A) and other Acts and subordinate statutes;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant repeats the crime at a disadvantage of the defendant even though he had been punished twice due to drunk driving, or that the defendant recognized the crime of this case and reflects it, that there has been no criminal record for the last eight years, and that the defendant's blood alcohol concentration was considerably low, etc., considering the circumstances favorable to the defendant. In addition, all the sentencing factors indicated in the records and arguments of this case, including the defendant's age, environment, character and conduct, motive and means of the crime, and circumstances after the crime, etc., are considered as favorable to the defendant.