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(영문) 인천지방법원부천지원 2020.11.24 2020고단3732
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On July 1, 2015, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court.

【Criminal Facts】

On August 29, 2020, at around 21:10, the Defendant driven the E-learning car volume in the state of alcohol of about 0.184% in the section of approximately 5.8km from the front road of Kimpo-si, Kimpo-si to the front road of Kimpo-si.

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

Summary of Evidence

1. Statement F written statement of the police interrogation protocol of the accused on the accused's statutory statement, the circumstantial statement, the report on the occurrence of a traffic accident, the actual investigation report on the accident scene, the driver's license register of the vehicle in the accident site, the car inspection board, the car inspection board, the mandatory insurance bureau, and the investigation report on the accused (the investigator's opinion on the situation report of the drinking driver, the submission of written agreement, and the completion of physical damage part

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;

1. Relevant Article on criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act (a) of the option of punishment, and the Defendant who selects a fine was sentenced to a fine of KRW 5 million due to a drunk driving in 2015, but was sentenced to a fine of KRW 5 million, thereby committing the instant crime, and thus, there is a risk of recidivism.

In light of the fact that the blood alcohol concentration at the time of the instant crime is very high by 0.184%, and that the Defendant shocked a truck in front of the Defendant’s vehicle while driving the string and driving the string, and eventually caused a traffic accident involving the string of the Defendant vehicle, the nature of the crime is very poor.

However, there is no criminal punishment other than fines of KRW 500,00 and fines due to drunk driving as seen earlier due to the violation of the Music Industry Promotion Act in 2010, and the Defendant was not punished due to drunk driving since 2015.

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