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(영문) 인천지방법원 2020.06.12 2020고정306
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 04:40 on September 14, 2019, the Defendant driven a Bbee-cracked car under the influence of alcohol, which is about 0.142% of blood alcohol content at a distance of approximately 130km from the south East-gu Incheon Metropolitan City, to the Jincheon-gun Seocho-gun, the early 1stm of the Seocho-gu, Jincheon-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which is disadvantageous to the reason for sentencing, requires severe punishment as an offense highly dangerous.

The Defendant driven the longer section with a significant degree of blood alcohol concentration.

There is no record that the favorable normal defendant was punished for drinking prior to the crime of this case.

Defendant's mistake is recognized.

In addition, the punishment as ordered shall be determined in consideration of the age, character, conduct and environment of the defendant, motive, means and result of the crime, the circumstances after the crime was committed, etc.

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