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(영문) 인천지방법원부천지원 2020.10.20 2020고단3090

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 March 19, 2010, the Defendant received a summary order of KRW 2,50,000 from the Incheon District Court Branch of the Incheon District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 24, 2020, the Defendant, while under the influence of alcohol at 0.104% of blood alcohol level, driven a car by clock on the roads of approximately 600 meters from Ginpo-si to B of the same city.

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

Summary of Evidence

1. Investigation report on the accused's statutory statement by the police interrogation protocol on the accused, statement, report on the actual condition of traffic accident as a result of the control of drunk driving, report on the occurrence of traffic accident, vehicle register of driver's license on the scene of accident, vehicle register of the driver's license on the vehicle, red inquiry, report on the internal investigation (report on the investigation plan, etc. after the driving)

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment of a summary order for the same kind of suspect), and application of each summary order statutes;

1. Article 148-2(1) and Article 44(1) of the Road Traffic Act (the point of sound driving), Article 148-2(1) and Article 44(1) of the Road Traffic Act (the point of sound driving), Article 150,00 won of a fine due to a drunk driving in 2006, and Article 2.5 million won of a fine due to a violation of the Act on Special Cases concerning Drinking and Handling of Traffic Accidents, the Defendant again committed the instant crime even though he was sentenced to a fine for the crime

Also, in light of the fact that the blood alcohol concentration is high at the time of the instant crime, and that the Defendant caused a traffic accident involving signals, etc. while making a left-hand turn while driving under the influence of alcohol, etc., the crime is also bad.

However, the Defendant led to the confession of the instant crime and reflects the depth of the Defendant, and the Defendant was not punished for drunk driving since 2010 and was not subject to criminal punishment, and the Defendant was not subject to a fine of KRW 50,00 due to the violation of the Establishment of homeland Reserve Forces Act in 1979, and was sentenced to a fine of two times due to drunk driving as seen earlier.