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(영문) 인천지방법원 2020.12.23 2020고단8862
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

[Criminal Power] On September 24, 2014, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 24, 2020, the Defendant was under the influence of 0.083% of blood alcohol concentration on August 24, 2020, and was driving D 1km from the vicinity of Gyeyang-gu Incheon to the front of the same Gu.

As a result, the defendant was sentenced to criminal punishment for drunk driving, but he was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes attaching criminal records, reply reports, and summary orders of the same kind of power;

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

1. Article 53 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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order, the sentence shall be determined as ordered in consideration of the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, etc.

Unfavorable circumstances: The defendant, even though he had a record of punishment for drunk driving once, was driving again, and the accident was also caused.

The favorable circumstances: there is no other force except for the above crimes, and the power of the crime is six years prior to the above crimes.

The blood alcohol concentration measured is not high.

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