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(영문) 인천지방법원 2020.05.15 2020고정165
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 September 26, 2019, at around 21:25, the Defendant driven a DNA car with the area of approximately 400 meters from Jungdong B apartment in Jung-gu Incheon Metropolitan City to the same Gu C, while under the influence of alcohol content of about 0.174%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to investigation reports;

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 under Article 334(1) of the Criminal Procedure Act seems to be that the Defendant both recognized and reflected the instant crime.

On the other hand, 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 in this regard.

Although the length of the defendant's operation is relatively long, the blood alcohol concentration of the defendant at the time reaches 0.174%.

In addition, even though around 2001, the defendant was punished for the same crime.

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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