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(영문) 인천지방법원 2020.12.09 2020고정1886

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of eight million won.

If the above fine is not paid, the period of 10,000 won shall be converted into one day.

Reasons

Punishment of the crime

The defendant was issued a summary order of KRW 700,000 by the Incheon District Court on June 4, 2008 due to the crime of violation of the Road Traffic Act.

Nevertheless, at around 06:30 on March 22, 2020, the Defendant driven a car with low alcohol level of about 0.089% under the influence of alcohol level from about 10km to the front road in the new-dong, Seo-gu, Incheon Metropolitan City.

As a result, the Defendant driven a motor vehicle in violation of the prohibition of driving under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous convictions in judgment: The application of inquiry reports and investigation reports (report accompanied by a summary order) 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) 6 of the Criminal Act for discretionary mitigation;

1. The punishment specifically lower than the summary order under Article 51 of the Criminal Act, including the following circumstances: (a) the degree of the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act; (b) the temporal interval with the past drinking driving force; (c) the recognition of the crime; (d) there is no other penal power than the previous conviction; and (e) the filing of an application for bankruptcy due to bankruptcy due to a default of business, etc.;