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(영문) 인천지방법원 2020.06.24 2020고단2726

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 January 14, 2003, the defendant received a summary order of one million won or more due to a violation of the Road Traffic Act from an Ansan Branch of the Suwon District Court on January 14, 2003, and a fine of one million won or more due to a violation of the Road Traffic Act from the Gyeyang Branch of the Suwon District Court on August 14, 2009.

On February 29, 2020, at around 00:57, the Defendant driven a seeable car in a state of 0.142% alcohol concentration through approximately 20 meters from the front of the Namdong-gu Incheon Metropolitan City B to the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

1. Previous records of judgment: Application of criminal records, investigation records, and Acts and subordinate statutes;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the Defendant, even though he had been subject to two times punishment due to drunk driving, has re-driving a motor vehicle, so such Defendant’s act shall be subject to criticism.

However, it shall be considered as favorable factors such as the fact that the record of the same kind of crime had been prior to 10 years, the fact that there is no other criminal records, and the fact that a person does not drive under the influence of alcohol again, and the degree of other drinking, the age of the defendant, character and conduct, and environment, etc., and the punishment shall be determined as ordered by taking into account all the various sentencing conditions of Article 51 of the Criminal Act