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(영문) 인천지방법원 2020.02.11 2019고정2529
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

피고인은 2019. 9. 14. 23:40경 혈중알코올 농도 0.211%의 술에 취한 상태로, 인천 중구 B펜션 앞 도로에서부터 같은 구 C 앞 도로에 이르기까지 약 1km 구간에서 D 포르테쿱 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the reporting on the circumstantial statements of a drinking driver, and the control of drinking driving;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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 on the order of provisional payment is that the crime of drunk driving is likely to harm the life and body of others as well as himself/herself, and the revised Road Traffic Act strengthened the statutory penalty for this purport.

The defendant's crime caused a traffic accident.

On the other hand, the defendant shows the attitude to recognize and reflect the crime of this case.

The defendant is an elementary offender who has no record of criminal punishment until now.

In full view of the following circumstances, the Defendant’s age, character and conduct, family relationship, home environment, motive and means of the crime, circumstances after the crime, and the lower limit of the statutory penalty for the crime of this case is set at KRW 10 million, and all of the sentencing conditions shown in the records and arguments, etc., the sentence shall be determined as per Disposition.

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