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(영문) 인천지방법원 부천지원 2020.06.23 2020고단1312
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On October 7, 2009, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act (driving) from the Incheon District Court.

【Criminal Facts】

On March 30, 2020, the Defendant driven a DALTIMA 2.5 car under the influence of alcohol leveling to approximately 0.072% in a section of approximately 100 meters of alcohol level from Non-Sacheon City B to the front road of the same city from Non-Sacheon City B (B) around 23:42.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate 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 53 and 55 (1) 6 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is an offense in which not only the person himself but also another person's life can be taken, and the fact that the crime is not good is unfavorable to the defendant.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case, the blood alcohol concentration of the defendant was considerably low, the driving distance was relatively short, and the fact that there was no criminal record other than the punishment imposed for the crime of this case in about about 10 years, etc. The punishment is determined as ordered by comprehensively taking into account all the factors of sentencing as shown in the records and arguments of this case, including the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc.

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