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(영문) 인천지방법원 2020.09.09 2020고단5561

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 28, 2006, the Defendant issued a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act at the Incheon District Court on July 28, 2006; on October 1, 2009, the same court issued a summary order of KRW 2.5 million to a fine for the same crime; on April 23, 2012, in the same court on April 23, 2012, two years of the suspended sentence of imprisonment for the same crime; on January 18, 2016, in the same court, the summary order of KRW 7 million to a fine for the same crime; on October 25, 2017, the Defendant completed the execution of the sentence at the Incheon Detention House on February 7, 2018.

Criminal facts

At around 23:40 on May 18, 2020, the Defendant driven C-Adi vehicle with approximately 5 meters of alcohol level 0.047% under the influence of alcohol level on the front of the Defendant’s residence located in Yeonsu-gu Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a driver and report on the occurrence of a traffic accident;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of the same kind of power, judgment, attachment of summary order), and application of Acts and subordinate statutes to the acceptance status of individuals;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, the selection of fines (Consideration of the details of the crime in this case, degree of blood alcohol and degree of repeated crime in the same crime as the defendant, etc., in light of the circumstances in which a vehicle parked is driven at a relatively undeveloped distance upon the request for delivery of the parked vehicle);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;