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(영문) 인천지방법원 2019.11.29 2019고정2159
도로교통법위반(음주운전)
Text

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

On July 27, 2019, around 05:55 on July 27, 2019, the Defendant driven a Clearning car under the influence of alcohol concentration of about 0.216% from the B Underground Parking Lot from around 50 meters to the front day of the entrance entrance of the above underground parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of reports on the state of state of drinking drivers, and regulations on drinking driving;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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 lies in recognizing and opposing the instant crime.

On the other hand, the crime of drunk driving is likely to harm the life and body of others as well as himself/herself, and the revised Road Traffic Act strengthened the statutory penalty in this regard.

The drinking water of the accused is considerably high and the accused has been punished for the same crime.

In full view of the following circumstances, the Defendant’s age, character and conduct, family relationship, home environment, motive and means of the crime, circumstances after the crime, and the lower limit of the statutory penalty for the crime of this case is set at KRW 10 million, and all of the sentencing conditions shown in the records and arguments, etc., the sentence shall be determined as per Disposition.

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