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(영문) 인천지방법원 2020.05.27 2020고단1287
도로교통법위반(음주운전)등
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

[Criminal Power] The Defendant was sentenced to a fine of 6 million won by the Incheon District Court on August 22, 2018.

【Criminal Facts】

Around 00:00 on February 12, 2020, the Defendant driven D 5 automobiles under the influence of alcohol with a blood alcohol concentration of 0.158% without obtaining a driving license for approximately 2 km from the vicinity of Songdoo Park Park-dong in Yeonsu-gu Incheon Metropolitan City to the front of C convenience stores in Yeonsu-gu Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous records of judgment: Application of criminal records, investigation records, and statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;

1. Optional fine;

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 is that the defendant's act is subject to criticism because he was involved in an accident while driving a motor vehicle again without a license even though he was punished once for the same kind of offense.

However, it shall be considered as a favorable factor that the defendant does not drive under the influence of alcohol again, and the degree of the appearance of the defendant, age, character and conduct, environment, etc. shall be determined by taking into account various sentencing conditions of Article 51 of the Criminal Act, which are shown in the records of this case, such as the degree of the appearance

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