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(영문) 인천지방법원 2019.10.16 2019고단5527

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On May 16, 2014, the Defendant was sentenced to a fine of one million won in violation of the Road Traffic Act by the Incheon District Court on May 16, 2014, and is a person who has a record of violating the prohibition of drunk driving.

【Criminal Facts】

around 00:00 on July 24, 2019, the Defendant driven a D's automobile under the influence of alcohol level of about 0.136% in the section of approximately 300 meters from the 300th to the front road in Michuhol-gu Incheon, Michuhol-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the status of the driver;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (a summary order attached to the same type of power);

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the following factors: (a) even though the Defendant had a history of criminal punishment for a drunk driving once, he/she drives the instant drunk driving again; (b) the degree of blood alcohol level at the time of driving is not low; and (c) the Defendant reflects his/her mistake; (d) the factors for favorable sentencing, such as the fact that there is no other criminal force except the fine imposed due to a drunk driving in 2014; and (e) other favorable factors, such as the Defendant’s age, character and behavior, environment, family relationship, motive and consequence of the crime, etc., which are the conditions for sentencing