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(영문) 인천지방법원 2020.11.11 2020고단7613
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 9,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On November 21, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 15, 2020, at around 16:15, the Defendant driven a D car under the influence of alcohol level of 0.103% in a section of about 200 meters from the Do near the B-distance in Michuhol-gu Incheon Metropolitan City to the front road of the Michuhol-gu Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving, notification of the results of crackdown on drinking driving, and report on the circumstantial statement of drinking drivers;

1. Application of Acts and subordinate statutes to inquiry reports and summary orders;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Article 53 of the Criminal Act for discretionary mitigation;

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 has recently been punished for a drunk driving, but he/she re-driving.

The blood alcohol concentration measured is not low.

The favorable circumstances: There is no record of the same kind of crime in addition to the above crime.

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