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(영문) 인천지방법원 2020.11.25 2020고단8235
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On August 24, 2020, the Defendant was under the influence of 00:26% of blood alcohol concentration of 0.20%, and the Defendant was driving a fa-purd vehicle from the front of convenience store in Seo-gu Incheon, Seo-gu, Incheon to the Da apartment E-dong underground parking lot at approximately 300 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the results of crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Article 53 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. 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 was driving under the influence of alcohol, and the measured blood alcohol concentration is considerably high.

The favorable circumstances: there is no power other than the above crimes, and the driving distance is short.

It is necessary to dispose of vehicles and prevent recidivism.

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