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(영문) 인천지방법원 부천지원 2021.03.31 2020고단5023
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Records] On September 13, 2006, the Defendant was issued a fine of KRW 1.5 million by the Seoul Southern District Court as a crime of violation of Road Traffic Act (driving).

[Criminal facts] On November 15, 2020, around 01:02, the Defendant driven a DM3 car under the influence of alcohol concentration of about 0.115% while under the influence of alcohol at approximately 4.3 kilometers from the roads near Yangcheon-gu Seoul Metropolitan Government, to the front road of Seocheon-si, Seocheon-si.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

1. Relevant Article 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines concerning facts constituting an offense, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, even though the Defendant had been punished twice due to driving of alcohol, returned to the instant crime, and the amount of alcohol concentration in the blood is also reasonable, and the liability for the crime is not provided against the law.

However, considering the fact that the defendant recognized the crime and the fact that the occurrence of a traffic accident has not occurred, the defendant's age, sex, environment, circumstances leading to the crime, circumstances after the crime, etc., and all of the sentencing conditions shown in the records and arguments of this case shall be determined as ordered.

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