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(영문) 인천지방법원 2020.10.23 2020고단7738
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million;

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

【Criminal Power】 On February 4, 2013, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for a crime of violating the Road Traffic Act.

【Criminal Facts】 On August 6, 2020, at around 04:39, the Defendant driven BMW car while under the influence of alcohol at approximately 9 km section, the blood alcohol concentration of which is 0.115%, from around the 0.15% from the jun-dong of the Michuhol-gu Incheon Metropolitan City to the shooting distance of the Yeonsu-gu Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Photographs related to notification of the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry inquiry report, such as criminal records, and criminal investigation report (Attachment to a summary order of the same criminal record for running a sound driving);

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 Defendant, who is disadvantageous to the reason for sentencing under Article 334(1) of the Criminal Procedure Act, was sentenced to a fine on the grounds of drinking alcohol again even though he was sentenced to a fine on around 2013.

The defendant's blood alcohol concentration level is not low.

The defendant's mistake is recognized in favor of the favorable normal defendant.

There is no history that the defendant was punished in excess of a fine.

In addition, the punishment as ordered shall be determined in consideration of the age, character, conduct and environment of the defendant, motive, means and result of the crime, the circumstances after the crime was committed, etc.

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