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(영문) 인천지방법원 2021.03.31 2021고단1439

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal history] On May 31, 2010, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court.

[2] On December 9, 2020, the Defendant driven an E-car under the influence of alcohol level of about 0.067% from the 200-meter section to the road located in the same Gu as the C cafeteria in Gyeyang-gu Incheon Metropolitan City.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and of the same Act and subordinate statutes confirming the same history;

1. Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of an alternative fine for punishment (the punishment shall be imposed by a fine by examining the past record of the same type of crime (one-time penalty), alcohol concentration during blood transfusion, the status of property, etc., and the punishment shall be mitigated as follows, in consideration of the favorable circumstances among them):

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;