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(영문) 인천지방법원 2020.10.14 2020고단5394

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 April 26, 2017, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act in the Busan District Court’s Busan District Court’s Branch Branch.

【Criminal Facts】

On June 9, 2020, at around 23:11, the Defendant driven an E-7 car while under the influence of alcohol with approximately 0.117% alcohol concentration at a section of approximately 200 meters in front of “C” located in Nam-gu Incheon Metropolitan City, Nam-gu B.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the result of crackdown on drinking driving, and report on the situation of drinking drivers;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Article 53 of the Criminal Act for discretionary mitigation;

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 had been punished for a drunk driving in recent years, but was driving again.

It is a high level of blood alcohol concentration measured.

The favorable circumstances: The same criminal power is limited to one time, and the same kind of crime is not to drive under the influence of alcohol again.