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(영문) 인천지방법원 2020.10.28 2020고단5200

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On May 16, 2012, the Defendant was issued a summary order of KRW 5 million by the Incheon District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

At around 01:30 on May 28, 2020, the Defendant driven an E-Malaysia car while under influence of about 0.104% of blood alcohol concentration at the section of about 10km in front of the Incheon Gyeyang-gu Incheon Gyeyang-gu, Incheon, with the roads located in Gyeyang-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Criminal records, inquiry reports, and application of summary order-related Acts and subordinate statutes;

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, even though he had a record of being punished as a drunk driving, was driving again.

It is also a high level of blood alcohol concentration measured.

The favorable circumstances: There shall be no power to commit any other crime except the above crimes.

It is necessary to dispose of a vehicle that has been driven and prevent recidivism.