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(영문) 인천지방법원 2020.05.15 2020고정259
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On October 30, 2019, at around 23:26, the Defendant driven a d window Som-car at a section of about 6 km from Incheon Seo-dong to the front road located in Incheon Nam-dong-gu B, Incheon, with a blood alcohol concentration of 0.169%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Application of Acts and subordinate statutes to inquire about the results of drinking driving control;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the crime of drunk driving is likely to harm the life and body of others as well as himself/herself, and the revised Road Traffic Act strengthened the statutory penalty for this purport.

At the time of the instant crime, the blood alcohol concentration of the Defendant reaches 0.169%, and the operational distance is also short.

On the other hand, the fact that the defendant recognized the crime of this case and appears to be against the defendant, and that the defendant has no record of punishment for any crime, etc. are considered as extenuating circumstances.

In addition, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc. of this case and the sentencing conditions specified in the records shall be determined as ordered by considering all the circumstances.

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