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(영문) 인천지방법원 2020.11.11 2020고단6922
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 March 28, 2011, the Defendant was issued a summary order of KRW 2 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 26, 2020, the Defendant, while under the influence of alcohol of 0.190% of blood alcohol level 0.190%, driven a Ftoscar car from approximately 50 meters section from C located in Dong-gu Incheon Metropolitan City to the front road of “E” located in Dong-gu Incheon Metropolitan City.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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, even though he had a record of being punished as a drunk driving, was driving again.

The blood alcohol concentration measured is high.

The above-mentioned criminal power is the same as that of the crime before nine years.

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