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(영문) 인천지방법원 부천지원 2020.04.07 2019고단3978

도로교통법위반(음주운전)

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On September 1, 2010, the Defendant was sentenced to imprisonment with prison labor for six months and one year of suspended execution at the Seoul Southern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On October 26, 2019, at around 02:36, the Defendant driven a DNA car on the road of approximately 485 meters from 0.101 percent of alcohol concentration from 0.101 percent to 0.10 percent of blood alcohol concentration.

As a result, the defendant violated the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The circumstantial statement of the employee;

1. Report on the circumstances of the driving of a motor vehicle;

1. Notification of the control of drinking driving;

1. A detailed statement on the handling of reported cases; and

1. The register of driver's licenses and car cars registered;

1. On-site photographs;

1. Details of the screen and use of the mobile phone of the proxy driver;

1. Each investigation report (the circumstantial report on the driver and the date and time of the crime);

1. Previous convictions in judgment: Criminal records, investigation reports (verification of criminal records of the same kind as suspects), and application of written judgments;

1. Article 148-2(1) and Article 44(1) of the Road Traffic Act (the provision applicable to the crime of this case and Articles 148-2(1) and 44(1) of the Act on the Punishment, etc. of Specific Crimes (the provision that a person commits a crime of this case, the selection of a fine, the Defendant was sentenced to a fine of KRW 2 million for driving under the influence of alcohol in 2004, and the Defendant was sentenced to a fine of KRW 2 million for driving under the influence of alcohol in 2004, and was sentenced to imprisonment for 6 months and a suspended sentence of 1 year, which again committed the crime of this case. As such, the risk of repeating a crime of this case exists, and since the Defendant committed a crime of this case with a high blood alcohol concentration at the time of the crime of this case, the Defendant has to be sentenced to a severe punishment, and the Defendant did not have any other criminal punishment except for the crime of this case in 204 and 2010, and

1. Discretionary mitigation of factors under Articles 53 and 55(1)6 of the Criminal Act (resumed circumstances in the foregoing)