beta
(영문) 인천지방법원부천지원 2020.08.18 2020고단1893

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On December 26, 2006, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On May 13, 2020, the Defendant violated the prohibition of drinking driving by driving E business cars at approximately 300 meters from the roads near Kimpo-si B and C, to the roads near the same city, while under the influence of alcohol content of 0.073% at around 02:19 on May 13, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the circumstantial statement of a drinking driver, report on the circumstances of a drinking driving, and notification of the control of drinking driving as a result of the regulation site photograph, 112 report-related department;

1. Registers of driver's licenses, chassiss, and mandatory insurance;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in his/her judgment: Criminal records, each investigation report (with respect to the suspect's records of drinking alcohol driving, confirmation of the same records), summary order, and application of Acts and subordinate statutes of the management and inquiry report;

1. Article 148-2(1) of the Road Traffic Act and Articles 148-2(1) and 44(1) of the Act on the Punishment, etc. of Crimes, which are applicable to the crime of this case and the selection of a fine, and the Defendant again committed the crime of this case even though he was punished for drunk driving in 2006. Therefore,

However, the Defendant’s confession of the instant crime and reflects the depth of the instant crime, and the Defendant was subject to a separate criminal punishment except for those sentenced to a fine of KRW 500,000 as a result of the crime of violating the Automobile Management Act in 2001, a fine of KRW 200,000,000 as a result of the crime of violating the Establishment of Homeland Reserve Forces Act in 2002, a fine of KRW 1.5 million as a result of a drunk driving in 2006, and a fine of KRW 50,000 as a result of the crime of gambling in 2014. As such, the Defendant was not punished for drunk driving after 206, and was not subject to criminal punishment after 2014, and has not yet been subject to criminal punishment exceeding a fine, and was not subject