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(영문) 인천지방법원부천지원 2020.11.10 2020고단2251
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 April 15, 201, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) in the Gyeyang Branch of Suwon District Court on April 15, 201, and a summary order of KRW 1 million as a fine for the same crime from the Western Branch of the Daegu District Court on October 25, 201.

【Criminal Facts】

Although the Defendant had a record of driving under the influence of alcohol as above, at around 22:46, Jun. 11, 2020, the Defendant driven DK7 car while under the influence of alcohol with approximately 30 meters alcohol concentration of about 0.122% from the second floor parking lot of the B hotel in Bupyeong-si, Busan to the front road of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Criminal history records, repeated statements, and application of Acts and subordinate statutes of Part II of summary order;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a crime in which not only the person himself but also another person's life can be taken, and the crime is not good, and the defendant repeats again even though he had been punished twice due to drinking driving, etc., which is disadvantageous to the defendant.

However, the fact that the defendant recognized the crime of this case, the defendant's act of driving a drinking driver at the time, the defendant appears to have been driving a drinking driver at the underground parking lot only from the road to the road in order to keep the substitute driver assigned after having a substitute driver at the time, and the fact that the driving distance does not seem to have any intention to continue driving a drinking driver, and the driving distance was over 30 meters, etc., shall be considered as favorable to the defendant, and the sentencing factors specified in the records and arguments of this case, such as the defendant's age, environment, character and behavior, motive and means of the crime, circumstances after the crime, etc., shall be determined as per the order

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