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(영문) 인천지방법원 2020.06.10 2020고단869

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

[criminal power] On October 9, 2006, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act at the Seoul Central District Court on the same day, and the summary order of KRW 3 million for the same crime from Daejeon District Court on January 9, 2009.

【Criminal Facts】

Although the Defendant was punished for drunk driving as above, around 01:08 on January 14, 2020, the Defendant driven Benz motor vehicle under the influence of alcohol level of 0.075% at approximately 200 meters from the Yeonsu-gu Incheon Metropolitan City residents' center in front of the Songdo 2, Dong-ro 2, 248 due to the same new transmission route, and driving the Benz motor vehicle under the influence of alcohol level of 0.075% at around 200 meters.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of past records of traffic-related 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 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. In full view of the following factors: (a) the driving distance for sentencing under Article 334(1) of the Criminal Procedure Act is short; (b) the previous offense was committed before ten years; (c) the degree of the previous offense was committed; (d) the background of the offense; and (e) the Defendant’s age, character and conduct, and environment; and (e) the sentencing conditions under Article 51 of the Criminal Act stated in the records