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(영문) 인천지방법원 2020.10.14 2020고단6925
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On February 20, 2019, the Defendant was issued a summary order of KRW 4 million by the Incheon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

around 20:00 on July 15, 2020, the Defendant driven B nose or car while under the influence of alcohol of about 5km from around 0.243% of alcohol concentration from around 0.243% to the family intersection located in Busan Seo-dong 309, Seo-gu, Seo-gu, Incheon.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. The application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (the same criminal records and confirmation);

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

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 had been punished for a drunk driving in recent years, but was driving again.

The measured blood alcohol concentration was considerably high, and the accident occurred.

A favorable circumstances: A fine for a drunk driving shall not be imposed once, and there shall not be any other criminal records.

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