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(영문) 인천지방법원 2020.05.22 2020고정65
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 27, 2019, at around 23:40 on September 27, 2019, the Defendant driven DK3 car while under the influence of alcohol with approximately 20 km section from Yangcheon-gu, Seoul to the front day of Seodong-gu, Incheon. B apartment C, the blood alcohol concentration of which is 0.122%.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to inquiries about the results of crackdown on drinking driving and the circumstantial statements of drinking drivers;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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, which is disadvantageous to the reason for sentencing, requires severe punishment as an offense highly dangerous.

The Defendant driven the longer section with a significant degree of blood alcohol concentration.

A favorable normal defendant is an initial criminal defendant who has no record of crime.

The defendant shows his attitude to recognize and reflect the crime.

In addition, the punishment as ordered shall be determined in consideration of the age, character, conduct and environment of the defendant, motive, means and result of the crime, the circumstances after the crime was committed, etc.

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