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(영문) 인천지방법원 2020.10.14 2020고단7299
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

On September 17, 2015, the defendant was sentenced to a fine of KRW 3 million due to the violation of the Road Traffic Act (driving) in the Busan District Court's Busan District Court's Busan Branch.

At around 22:30 on April 18, 2020, the Defendant driven a DNA-purd motor vehicle with a blood alcohol content of 0.102% while under the influence of alcohol from the vicinity of the Bupyeong-gu Incheon Bupyeong-gu, Incheon to the Gu located in the same Gu B, and from the Crdway.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving, and report on the circumstances of drinking drivers;

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

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

1. Article 53 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order, the sentence shall be determined as ordered in consideration of the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, etc.

Unfavorable circumstances: The defendant, even though he had a record of being punished as a drunk driving, was driving again.

It is a high level of blood alcohol concentration measured.

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