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(영문) 인천지방법원 2020.10.14 2020고단6370
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

【Criminal Power】 On June 23, 2017, the Defendant was issued a summary order of KRW 1,500,000 by the Incheon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts of Crimes】 On June 22, 2020, the Defendant driven the E Car from around 300 meters away from the roads near the Yeonsu-gu Incheon Association C, in the state of alcohol of 0.130% of blood alcohol concentration at around 23:28, 2020 to the roads in front of the same Gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. The application of criminal records, reply reports, and criminal investigations (criminal records of a suspect)-related statutes;

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. 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 had been punished on two occasions due to drinking driving, and the defendant had been punished in the last 2017, but he again driven a motor vehicle, and he was involved in an accident during driving.

It is also a high level of blood alcohol concentration measured.

favorable circumstances: The distance of driving is short, and the driving will not be driven again.

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