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(영문) 인천지방법원 2020.06.12 2020고정557
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At around 22:40 on September 6, 2019, the Defendant driven a Cbe New Car with approximately 3 meters while under the influence of alcohol of about 0.115% of alcohol concentration on the front of Jung-gu Incheon, Jung-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

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 of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that 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 for this purport.

On the other hand, there are extenuating circumstances such as the defendant's recognition of the crime of this case and reflects the fact that the defendant is driving, the time and distance of the defendant's driving, and the fact that the defendant has no record of punishment for the same kind of 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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