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(영문) 인천지방법원 부천지원 2020.01.17 2019고단3572

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 August 25, 201, the Defendant received a fine of KRW 2 million for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on August 25, 2011.

【Criminal Facts】

On October 11, 2019, at around 02:00, the Defendant driven a DNA-type car from the front of C in Kimpo-si, Kimpo-si, to the front road of 68 Yung-si, Kimpo-si, while under the influence of alcohol concentration of about 0.036%, the Defendant driven a DNA-type car.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the status of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, report on the status of standing under the influence of alcohol drivers, investigation report (report on the status of drinking drivers), and report on

1. Previous convictions indicated in judgment: Criminal records, investigation reports (report on confirmation of the records of sound driving), and application of summary order 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant committed the instant crime even though he/she had the same criminal records, it is a reason for sentencing unfavorable to the defendant.

However, in full view of the following factors: (a) the Defendant reflects the mistake; (b) the blood alcohol content of the instant case is not relatively high by 0.036%; (c) the content, timing and frequency of the same criminal records; (d) the circumstances after the crime; and (e) the age of the Defendant, character and conduct, family relationship, economic circumstances, etc., the punishment shall be determined as ordered by the court.