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(영문) 인천지방법원부천지원 2020.11.17 2020고단3616

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[criminal power] On November 23, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Gunsan Branch of the Jeonju District Court on November 23, 2007, and KRW 1.5 million as a fine from the Suwon District Court on November 30, 201.

【Criminal Facts】

On September 21, 2020, the Defendant driven an ENAS car at approximately 500 meters away from C to D apartment road located in Kimpo-si, Kimpo-si, to the front side of D apartment, while under the influence of alcohol content of about 0.05%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Report on the circumstances of the accused's oral statement in the police interrogation protocol on the accused's statutory statement, report on the circumstances of his driving, the register of driver's licenses, the register of driver's licenses, the car inquiry, and the investigation report on mandatory insurance, respectively (the status report on the accused's oral driver, the case circumstances, and the investigator's opinion

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (the point of drinking driving), the choice of a fine (the defendant is subject to punishment for drinking driving in 2007 and 2011 despite his past record of punishment for drinking driving in 2007 and 2011, and again committed the crime of drinking driving in this case, there is a risk of recidivism: Provided, That the defendant has a high blood alcohol concentration at the time of the crime in this case; the defendant is not subject to the high blood alcohol concentration at the time of the crime in this case; the defendant is punished again by a fine in consideration of the fact that there is no record of punishment for drinking driving after 201, and the amount of fine shall be determined).

1. Articles 53 and 55 (1) 6 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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.