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(영문) 인천지방법원 2020.10.28 2020고단3715
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

【Criminal Power】 On May 1, 2015, the Defendant was issued a summary order of KRW 1,500,000 by the Incheon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】 On April 8, 2020, the Defendant driven D Poter Cargo Vehicles from approximately 500 meters from the front day of Incheon Strengthening Military, to the front road of C, while under the influence of alcohol at around 0.047% of blood alcohol concentration on April 8, 2020.

Accordingly, the defendant violated the prohibition of drinking driving more 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. Application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation status;

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

1. Article 53 of the Criminal Act for discretionary mitigation;

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, even though he had a record of being punished as a drunk driving, was driving again.

Eliable circumstances: The level of alcohol level measured is low.

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