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(영문) 인천지방법원 2020.11.25 2020고단8479
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On August 24, 2016, the Defendant was issued a summary order of KRW 3 million by the Incheon District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 31, 2020, the Defendant, while under the influence of alcohol of 01:30% of blood alcohol concentration, driven a DNA car from approximately two kilometers from the Do near the aftermath of the Incheon Michuhol-gu C University to the road located in 46, Michuhol-gu, Incheon Germany-ro, Michuhol-gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act 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. An inquiry report on criminal records, and the application of Acts and subordinate statutes on the same criminal records;

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 re-driving a motor vehicle even though he had a record of punishment for a drunk driving for a period of four years. The Defendant was driving in a narrow alley in the state of drinking.

The measured blood alcohol concentration is very high.

The favorable circumstances: There shall be no power to commit any other crime except the above crimes.

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