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(영문) 인천지방법원부천지원 2020.09.18 2019고단4620
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 October 31, 2006, the Defendant received a summary order of KRW 500,000,000 as a fine for a crime of violation of the Road Traffic Act from the Incheon District Court and KRW 3 million as a fine in the same court on January 19, 2010.

【Criminal Facts】

around 01:50 on December 8, 2019, the Defendant driven D K7 car while under the influence of alcohol content of 0.061% at the section of approximately 20 meters prior to the “C” located in Seocheon-si B.

Accordingly, the defendant, who violated the prohibition of drinking driving at least once, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the circumstances of a drinking driving, notification on the results of the control of drinking driving, and on-site photographs of the control of drinking driving;

1. Registers of car cars, driver's licenses, and mandatory insurance inquiries and reports (on the field conditions, etc.);

1. Each investigation report (as to whether or not an employer is a driver, a circumstantial report, or an agent driving);

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of each summary order statutes;

1. Article 148-2(1) and Article 44(1) of the Road Traffic Act applicable to the crime and Article 148-2(1) of the Act on the Selection of Punishment for the Crime (the crime of this case was committed again, even though the defendant was punished for drunk driving over three times in 2000, 2006, and 2010, there is a risk of repeating the crime of this case: Provided, That the defendant has committed the crime of this case; the defendant has not been punished due to drunk driving, etc. after 2010, and has not yet been punished for a fine exceeding the fine; the blood alcohol concentration is not high at the time of the crime of this case; the defendant is punished again by a fine in consideration of the fact that driving distance is shorter, such as driving under the influence of alcohol at a level of about 20 meters for parking.

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued for the reasons above.

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