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(영문) 인천지방법원 부천지원 2021.01.05 2020고단4352

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

[criminal history] On August 7, 2006, the Defendant received a summary order of KRW 1.5 million as a violation of the Road Traffic Act (dacting driving) from the Jeonju District Court’s Gunsan Branch on August 7, 2006, and a fine of KRW 2 million as a violation of the Road Traffic Act (dacting driving) from the Suwon Flag Flag on January 16, 2009.

[Criminal facts] On September 26, 2020, the Defendant driven CKaren car while under the influence of alcohol leveling to about 0.122% in blood alcohol level at the apartment parking lot B in Bupyeong-si, Seocheon-si, B around September 26, 2020.

Summary of Evidence

1. Each internal investigation report (the defendant, D, and E) on the defendant's legal statement, each statement hearing report (the details of the report, the statement and plan of the parties, the statement and internal investigation plan of the reporter, the exclusion of the part concerning the statement and material damage to the reporter's statement and material damage to the road) on the police interrogation protocol, the notification on the occurrence of a traffic accident as a result of regulating drinking driving, the report on the scene of the accident, the inspection report on the scene of the accident, the inspection report on the actual traffic accident, the inspection report on the specifications of each motor vehicle inspection report on mandatory insurance, and each internal investigation report (the situation of the driver at the main place on the road)

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (verification of the same kind of force), and application of each summary order Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the Road Traffic Act (the point of drinking), the choice of a fine (the defendant was punished by a fine for driving under the influence of alcohol in 2003, 2006, and 2009, even though he was sentenced to a fine for driving under the influence of alcohol in 2003, 2006, and 2009, and thus, the risk of recidivism exists.

In light of the fact that the blood alcohol concentration is high at the time of the instant crime, and the occurrence of a traffic accident that causes two parked vehicles while driving a drinking, the crime is not good.

However, the defendant is all led to the crime of this case, and the defendant is driving a drinking while moving in the underground parking lot, so the distance of driving a drinking is shorter, and the defendant is driving a drinking after 2009.