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(영문) 인천지방법원 2020.11.13 2020고단8707
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

On August 4, 2020, at around 03:45, the Defendant driven the E SP car while under the influence of alcohol, which is about 0.280% of blood alcohol concentration, from around 1.5km to the front road of Michuhol-gu, Michuhol-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Actual survey report on the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which is disadvantageous to the reason for sentencing, requires severe punishment as an offense highly dangerous.

The Defendant was driving in the state of high blood alcohol concentration.

The occurrence of a traffic accident while drunk driving occurred.

The defendant's mistake is recognized in favor of the favorable normal defendant.

There is no record that the defendant has been punished in excess of the punishment or fine for drinking driving.

In addition, the punishment as ordered shall be determined in consideration of the age, character, conduct and environment of the defendant, motive, means and result of the crime, the circumstances after the crime was committed, etc.

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