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(영문) 인천지방법원 2021.02.17 2020고단10789
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 February 2, 2009, the Defendant was issued a summary order of KRW 3 million by the Incheon District Court due to a crime of violating the Road Traffic Act (drinking).

On November 11, 2020, the Defendant started from the insular area B (B) in the Namyang-si, Gyeonggi-do, 22:25 on November 11, 2020, and driven a DM5 car under the influence of alcohol concentration of about 0.070% while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances: (a) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (b) the sentencing conditions stated in the pleadings of the instant case, such as the circumstances after the crime, shall be determined as ordered by the Criminal Procedure Act.

Unfavorable circumstances: The Defendant, even though he was punished for driving under the influence of alcohol four times, was driving under the influence of alcohol.

Eliable circumstances: The concentration of alcohol among measured bloods is low.

The above crimes are all committed before 11 years.

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