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(영문) 인천지방법원부천지원 2020.11.19 2020고단1253
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On March 10, 2010, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act, etc. from the Busan District Court’s Branch Branch on March 10, 2010, and the same year.

8. 4. The same court received a summary order of KRW 3 million due to the same offense.

Despite the fact that the Defendant had been in violation of the provision on the prohibition of driving under the influence of alcohol at least once, on March 26, 2020, at around 03:25, the Defendant driven a motor vehicle under the influence of alcohol at approximately 0.10% of alcohol alcohol level from the Do in front of the Kimpo-si B, Kimpo-si, Kimpo-si, about 1km to the roads in front of Kimpo-si, Kimpo-si.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, investigation reports, and application of Acts and subordinate statutes on the same kind of force;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are all recognized, and the punishment shall be determined by taking into account all the sentencing conditions shown in the pleadings of the instant case, such as the number of blood alcohol concentration, driving distance, the frequency and time and interval of the crime, the family relation, age, character and conduct, environment, circumstances of the crime, and circumstances after the crime.

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