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(영문) 인천지방법원 2021.01.22 2020고단9768
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On November 28, 2016, the Defendant was issued a summary order of KRW 1,500,000 by the Incheon District Court to a fine for a crime of violating the Road Traffic Act.

【Criminal facts】 On October 24, 2020, the Defendant driven a C QM3 vehicle while under the influence of alcohol at approximately 7km section from the French Office of the Incheon Strengthening-gun, Incheon, to the front of the strengthened Babel, for approximately 0.099% of alcohol level during blood.

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

Summary of Evidence

1. Notification of the defendant's result of regulating driving of oral statements;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in the judgment: A written reply to inquiry, such as criminal history, (A), investigation report (report on confirmation of the previous history thereof), reporting on the results of confirmation of the previous convictions in the disposition, and applying the statutes governing summary orders;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the defendant drives a vehicle again after being punished for driving under relatively recent influence of alcohol, and that the blood alcohol concentration level is not low.

However, the fact that the defendant's mistake is recognized, the records of punishment for the same kind of crime are limited to one time, and there is no record of punishment exceeding the fine, and the defendant's age, sex and environment, motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined like the order.

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