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(영문) 인천지방법원 2020.06.10 2020고단1555

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On July 5, 2016, the Defendant received a summary order of a fine of up to four million won from the Incheon District Court for the crime of violation of the Road Traffic Act.

On February 5, 2020, at around 22:30, the Defendant driven a car with C Sti-type under the influence of alcohol content of about 0.091% through approximately 50 meters from the front of a restaurant where the location in the Michuhol-gu Incheon Literaturedong is unknown to the front of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation status (verification of the same criminal records);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 3 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was involved in an accident while driving a motor vehicle again in spite of the recent history of punishment for driving a motor vehicle once due to drinking, and thus, the Defendant’s act is subject to criticism.

However, it shall be considered as favorable factors such as the fact that there is no power to commit a crime other than a fine imposed for the same kind of crime, the fact that the vehicle is disposed of, and the fact that the vehicle is not driven again, etc., and the degree of other drinking, the age, character and conduct, environment, etc. of the defendant, and the punishment shall be determined as ordered by taking into account the various sentencing conditions of Article 51