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(영문) 인천지방법원 2020.11.25 2020고단8475
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 Power] On January 6, 2017, the Defendant was issued a summary order of KRW 1,50,000 by the Chuncheon District Court as a crime of the Road Traffic Act.

【Criminal Facts】

On August 9, 2020, at around 07:36, the Defendant driven C rocketing car with a blood alcohol concentration of about 0.121% while under the influence of alcohol at approximately 10km from the 10km road near the Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu to the frontbuk-gu, Yongsan-gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking driving, report on the situation of a drinking driver, and inquiry into the results of the crackdown on drinking driving;

1. Criminal records, inquiry reports, and application of summary order-related Acts and subordinate statutes;

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order, the sentence shall be determined as ordered in consideration of the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, etc.

Unfavorable circumstances: The defendant had recently been punished for a drunk driving, but re-driving was done, and the defendant was also involved in the accident.

The degree of blood alcohol concentration measured is also high.

The favorable circumstances: There shall be no power to commit any other crime except the above crimes.

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