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(영문) 인천지방법원 2020.10.14 2020고단6634
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On March 31, 2016, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch.

【Criminal Facts】

Although the Defendant had been punished for drunk driving, at around 19:40 on July 12, 2020, the Defendant driven a F vehicle under the influence of alcohol 0.166% in a section of approximately 650 meters from the front of the road in Seo-gu Incheon, Seo-gu, Incheon to the front of the bus stops in the same Gu to the roads in front of the bus stops in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drunk driving, report on the circumstance of a drunk driver, and report on the control of drunk driving;

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

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 for a drunk driving in recent years, but was driving again.

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

The favorable circumstances: The vehicle is disposed of and the vehicle is not driven again.

There shall be no power to commit any other crime except once a fine due to drinking driving.

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