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(영문) 인천지방법원 부천지원 2019.10.02 2019고정639

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

On December 17, 2012, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act by the Incheon District Court.

On June 25, 2019, at around 00:28, the Defendant driven CM5 vehicle while under the influence of alcohol with approximately 00 meters alcohol concentration of about 0.07% at the section of approximately 200 meters from a road where it is impossible to identify a place below the upper-dong in Bupyeong-si, Busan to the front-si B.

As a result, the defendant, who has the power of violating the Road Traffic Act (driving) at least once, was driving the said vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, the report on the state of drinking drivers' standing statement, and the report on the state of drinking driving;

1. Previous convictions in judgment: Application of criminal records, reply reports to criminal investigations by prosecutors (former records and filing of criminal orders), and summary order statutes in the Incheon District Court Decision 2012 High Court Decision 30629 Decided 20629 of the Act;

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 punishment as ordered shall be determined by comprehensively taking into account the confession, blood alcohol concentration and mileage of the defendant as indicated in the judgment, the date and time of the crime (the enforcement date of the amended Act), control circumstances, and other circumstances shown in the records and arguments, such as the defendant's age, character and conduct, environment, record of the crime in this case, motive, means and consequence of the crime in this case, and the circumstances after the crime, etc.