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(영문) 인천지방법원 부천지원 2021.03.05 2020고단5186
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[criminal history] On February 14, 2008, the Defendant received a summary order of a fine of KRW 700,000,000 as a fine for a violation of the Road Traffic Act from the Incheon District Court’s Branch Branch on February 14, 2008, and a fine of KRW 2,50,000 for the same crime in the same court.

[2] The Defendant: (a) had the aforementioned history of driving under the influence of alcohol; (b) again, on November 23, 2020, around 14:20, the Defendant driven a motor vehicle in the direction of alcohol level of about 0.033% in the blood alcohol level from around 3km to the front of “D apartment” in Kimpo-si B, Kimpo-si; and (c) thereby, violated Article 44(1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. A previous conviction on the defendant's legal statement: A statement about the situation of the driver who is placed in the police interrogation protocol, a report on the state of his/her driving, and a next inquiry into the results of regulating the driving of drinking (the situation of the driver who is placed in the police) by the defendant: A criminal history, inquiry into the criminal history, an investigation report (Attachment to a summary order, etc. related to the suspect's driving force of drinking

1. Relevant legal provisions on criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act (the point of drinking), and the choice of fines (the Defendant, even though he had been punished by drinking in 2008 and 2011, committed the instant crime, and thus, there is a risk of recidivism.

However, the Defendant’s confession and reflects all of the instant crimes; the Defendant’s blood alcohol concentration is not very high at the time of the instant crime; the Defendant is punished by a fine in consideration of the following: (a) a fine of KRW 700,000 for a violation of the Road Traffic Act in 200; (b) a fine of KRW 500,000 for a crime of insult in 2007; and (c) a fine of KRW 500,000 for a crime of insult in 207; and (d) no other criminal punishment has been imposed on two occasions due to drinking driving; and (c)

1. Articles 53 and 55 (1) 6 of the Criminal Act for mitigation of a small amount (presumed circumstances favorable to the defendant as seen earlier);

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

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