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(영문) 인천지방법원 2020.04.22 2020고단432
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On November 17, 2016, the Defendant received a summary order of KRW 1 million from the Incheon District Court as a violation of the Road Traffic Act.

At around 23:10 on December 8, 2019, the Defendant driven a e-car at approximately 150 meters distance from the frontway in Incheon Bupyeong-gu to the frontway of the D Underground Road in the same Gu, while under the influence of alcohol of 0.043% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous convictions in judgment: Application of an inquiry inquiry report, such as criminal records, and 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 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 has the record of being punished by blood alcohol concentration on the grounds of sentencing, distance and time of drunk driving, and drinking driving. Currently, even though this type of crime is in the period of suspension of execution, it causes significant danger to the public safety by driving under drinking condition without being weighted. After the last same record, the time interval between the crime of this case and the time of the crime of this case, recognition of and mistake for the crime of this case after the last record, and all of the sentencing conditions shown in the argument of this case, such as the defendant's age, character and behavior, environment, circumstance of the crime, circumstance after the crime, etc., shall be determined as the sentence

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