(영문) 인천지방법원부천지원 2020.12.03 2020고단726

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원부천지원 2020.12.03 2020고단726

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 February 7, 2014, the Defendant was sentenced to imprisonment with prison labor for ten months and two years of suspended execution for the violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Busan Branch.

On December 11, 2020, at around 05, the Defendant driven the C Oralba on the road of approximately 1m in front of Busan City while under the influence of alcohol of 0.074%.

As a result, the defendant violated the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, investigation reports (verification reports on the same type of crime records), and application of Acts and subordinate statutes of one copy of the judgment;

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

1. Articles 53 and 55 (1) 6 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. According to Article 334(1) of the Criminal Procedure Act of the provisional payment order, a punishment shall be determined by taking into account all the sentencing conditions shown in the pleadings of the instant case, such as the following: (a) the driving of a vehicle after a considerable time has passed since the day immediately preceding the sentencing reason of Article 334(1) of the Criminal Procedure Act; (b) the full recognition of the crime; (c) the numerical value of blood alcohol level and blood alcohol level; (d) the driving distance; and (e) the frequency and time of punishment for the same kind of crime; and (e) the family relation, age, character and conduct,

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