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(영문) 인천지방법원 2020.07.22 2020고단3952
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

[Criminal Power] On June 18, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On May 5, 2020, at around 23:56, the Defendant driven a DNA car with a blood alcohol concentration of 0.216% in the 20-meter section from the alley-dong, Incheon Metropolitan City from May 5, 202 to the Ccafeteria in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the Defendant re-driving a motor vehicle even though he/she had a record of being punished for a drunk driving, and that the blood alcohol concentration measured is very high.

However, the records of the same crime are more than 12 years, and there are no other records of crime, the distance of driving is shorter, and the distance of driving again is not driving under the influence of alcohol, etc. In addition, the defendant's age, situation at the time of the crime, character and conduct, environment, etc. are considered as favorable factors, and the punishment shall be determined as ordered by considering the various sentencing conditions of Article 51 of the Criminal Act as shown in the records of this case.

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