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(영문) 인천지방법원 2021.02.03 2020고단10097
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On October 10, 2017, the Defendant was sentenced to a fine of KRW 1.5 million by the Incheon District Court due to a violation of road traffic laws (drinking driving).

On October 31, 2020, around 23:45, the Defendant driven a e-car owned by the Defendant under the influence of alcohol concentration of about 0.071% in the 300-meter section from the Michuhol-gu Incheon Metropolitan City B to the front of D located in the same Gu C.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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 53 of the Criminal Act for mitigation of small amount;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances: (a) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (b) the sentencing conditions stated in the pleadings of the instant case, such as the circumstances after the crime, shall be determined as ordered by the Criminal Procedure Act.

Unfavorable circumstances: The Defendant, even though he had a record of being punished for driving under the influence of alcohol once, was driving under the influence of alcohol.

The favorable circumstances: There is no record of the crime other than the above crime, and the concentration of alcohol among the measured blood is low.

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