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(영문) 인천지방법원 2020.08.19 2020고단4613
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

[criminal power] On July 31, 2009, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Incheon District Court’s Branch Branch of Incheon District Court on July 31, 200, and a summary order of KRW 4 million as a fine for the same crime in the same court on November 15, 2013.

【Criminal Facts】

On May 10, 2020, the Defendant driven a D car with a blood alcohol concentration of 0.200% under the influence of alcohol from around 3 kilometers from the Kimpo-si apartment parking lot to the Seo-gu Incheon City, Seo-gu, Incheon.

Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol in violation of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);

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

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 with regard to a provisional payment order is that the Defendant re-driving a motor vehicle even though he/she had a record of being punished twice due to drinking, and that the blood alcohol concentration measured is very high.

However, the records of the same kind of crime are seven years prior to the date of the crime, there are no other records of crime, and the fact that the person does not drive under the influence of alcohol again, etc. shall be considered as favorable factors, and other factors such as the age, character, conduct and environment of the defendant as shown in the records of this case shall be determined as ordered by taking into account the various sentencing conditions of Article 51

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