(영문) 인천지방법원 2020.01.22 2019고단8163

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(영문) 인천지방법원 2020.01.22 2019고단8163

도로교통법위반(음주운전)

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Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[Criminal Power] On November 28, 2017, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the Incheon District Court.

【Criminal Facts】

On November 10, 2019, at around 6:36, the Defendant driven a Mari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has the record of being sentenced to a fine once for the same kind of crime, and the defendant suspended to a signal signal while driving under influence, but was dispatched to the police officer after being reported 112 and controlled the police officer as a drunk driving. The defendant was in a state of being unable to drive normally under the influence of alcohol at that time. Meanwhile, the defendant's blood alcohol concentration (054%) reflects the crime of this case, driving distance, the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, means and method of the crime of this case, circumstances after the crime, etc. shall be determined by comprehensively taking into account the records and the conditions of the sentencing as stated in the trial process.

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