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(영문) 인천지방법원 2020.11.25 2020고단8617

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 November 4, 2004, the Defendant received a summary order of one million won or more as a crime of violating the Road Traffic Act (driving) from the Daejeon District Court's branch on November 4, 2004, and a summary order of one million won or more as a fine from the Incheon District Court on March 23, 2007, respectively.

【Criminal Facts】

On August 10, 2020, at around 22:19, the Defendant driven a car under the influence of alcohol level of 0.128%, while under the influence of alcohol level of 0.128% at a section of approximately one meter prior to “C convenience store,” located in the Southern-gu Incheon Metropolitan Government B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Criminal records, inquiry reports, and application of summary order-related 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. 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.

Unfavorable circumstances: The defendant, even though he had been punished for drunk driving twice, was driving again, and was in contact with him.

It is a high level of blood alcohol concentration measured.

The favorable circumstances: there is no other force for the same kind of crime except the above crime, and the power for the same crime is 13 years, and one of them is 204.