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(영문) 인천지방법원 부천지원 2021.02.23 2020고단4577
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

[criminal history] On August 17, 2006, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving), and on May 17, 2010, the Seoul Southern District Court issued a summary order of KRW 2 million as a fine for the same crime.

[Criminal facts] On October 30, 2020, the Defendant driven the E-land 151% alcohol level from around 50 meters away from the 22:50 roads near Kimpo-si, Kimpo-si, to the front road of the D Hospital located in Kimpo-si, Kimpo-si, while under the influence of alcohol leveling to about 0.151%.

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

Summary of Evidence

1. Report on the circumstances of the driver who is placed in the police interrogation protocol on the accused's statutory statement, report on the state of his/her driving, and report on the driver's license register of the motor vehicle which is inquired of the results of crackdown on the driving of drinking, inquiry into the tea, and investigation report on mandatory insurance (report on the state of the driver

1. Previous convictions: Inquiry of criminal history, confirmation of the previous convictions of the disposition and reporting of the results thereof, and application of each summary order statutes;

1. Relevant legal provisions on criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act (the point of drinking), and the choice of a fine (the Defendant, even after being punished by drinking in 2006 and 2010, committed a crime of drinking again, so risk of repeating the crime, is likely to occur, and since it is a high level of alcohol content during the blood transfusion at the time of the instant crime, it is also inappropriate to commit the crime.

However, the defendant confessions the crime of this case and reflects it, and the defendant did not control the driving of drinking after 2010, and is punished again by a fine in consideration of the fact that there is no past record of criminal punishment except for the two-time fine due to driving of drinking, etc.

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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