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(영문) 인천지방법원 2020.11.11 2020고단7484
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 July 6, 2011, the Defendant was issued a summary order of 2.5 million won by the Incheon District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On October 14, 2020, around 14:50 on October 14, 2020, the Defendant driven a d SM520 car volume while under the influence of alcohol, which is about 3 km from the south-gu Incheon Metropolitan City B to the second underground parking lot of Michuhol-gu, Incheon Metropolitan City, with a blood alcohol concentration of about 0.147%.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

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. Criminal records, inquiry reports, and application of summary order-related Acts and subordinate statutes;

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order, the sentence shall be determined as ordered in consideration of the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, etc.

Unfavorable circumstances: The defendant, even though he had a record of being punished as a drunk driving, was driving again.

The degree of blood alcohol concentration measured is also high.

Excellent circumstances: The same criminal power is not less than 9 years.

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