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(영문) 인천지방법원 부천지원 2021.01.22 2020고단3155
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Power of crime] On December 1, 2006, the Defendant received a summary order of KRW 3 million as a violation of the Road Traffic Act (drinking) and a violation of the Road Traffic Act (doning without a license) from the Suwon Flag method Board.

[Criminal facts] On June 20, 2020, the Defendant driven a D-hurd-hurd-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-h-

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Report on the circumstances of the driver who is placed in the police interrogation protocol to the defendant's legal statement, report on the state of the driver who is placed in the police interrogation, report on the results of regulating the driving of drinking, report on the driver's license register of the motor vehicle which is inquired of the results of crackdown on the driving of drinking, and report on the investigation of the driver who is placed in the vehicle

1. Previous convictions indicated in the judgment: Inquiry of criminal history, investigation report (the same previous convictions) and application of summary order-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act (the point of drinking), the choice of a fine (the defendant was subject to a fine due to drinking driving in June 2006, and driving without a license in December 2006, even if he was subject to a fine due to drinking and driving without license in December 2006, and again committed the crime of driving under the influence of drinking in this case, the risk of repeating the crime is likely.

Since the blood alcohol concentration is high at the time of the crime of this case, the crime of this case is not good.

However, the Defendant shall be punished by a fine in consideration of the following facts: (a) the Defendant has led to the confession of all of the crimes of this case and is against the Defendant; and (b) the Defendant shall be punished by a fine in consideration of the fact that there was no other criminal punishment except for the punishment of fines due to driving under drinking twice prior to

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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