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(영문) 인천지방법원 2021.02.17 2020고단10585
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On July 16, 2014, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) by the Incheon District Court.

On October 20, 2020, at around 06:00, the Defendant driven a siren car under the influence of alcohol leveling to 0.082% of alcohol leveling from around 06:30 on the front of the Incheon Bupyeong-gu, Incheon, to around 06:30 on the same day.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Article 53 of the Criminal Act for mitigation of small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows, and the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, alcohol concentration in measured blood, etc. shall be determined as indicated in the text of the Criminal Procedure Act, taking into account the following circumstances, and other various sentencing conditions as indicated in the argument of the case.

Unfavorable circumstances: The Defendant, even though he had a record of being punished for driving under the influence of alcohol once, was driving under the influence of alcohol.

The favorable circumstances: There is no record of crimes other than the above crimes.

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