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(영문) 인천지방법원 2019.11.28 2019고단7174

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 October 10, 2016, the Defendant is a person who has driven a motor vehicle under the influence of alcohol by receiving a summary order of a fine of five million won in the form of a violation of the Road Traffic Act from the Jung-gu District Court on the grounds of a violation of the Road Traffic Act.

【Criminal Facts】

around 02:40 on August 17, 2019, the Defendant driven CMW 320d car while under the influence of alcohol concentration of 0.205% at the second floor parking lot of the second floor underground in Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

As a result, the Defendant driven a motor vehicle while under the influence of alcohol despite the power of driving a motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a traffic accident under DNA preparation;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A report on investigation (Attachment of a field photograph);

1. Each photograph;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, attachment of the same type of power, and application of Acts and subordinate statutes of a summary order;

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 of Article 334(1) of the Criminal Procedure Act requires strict punishment in consideration of social harm and the purpose of amending the Road Traffic Act.

The Defendant is relatively subject to a fine for driving under the influence of alcohol in 2016, and in 2017, the Defendant has been punished for committing a crime without a license for driving under the influence of alcohol in 2017, the measured drinking alcohol level is heavy, and the driver's license was revoked. However, in light of the fact that the distance of driving is very short, the driving distance is deemed not to have any intention to move on the road beyond the underground parking lot in light of driving circumstances, etc., the Defendant reported and reported by the owner of the vehicle that was attached with the Defendant, was discovered, the damage was recovered, the fact that the owner of the vehicle was able to recover, the fact that the error is divided in depth