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(영문) 인천지방법원 2021.02.08 2020고단10352
도로교통법위반(음주운전)
Text

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

If the above fine is not paid, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

[criminal history] On December 29, 2009, the Defendant was issued a summary order of KRW 1 million from the Incheon District Court's Branch Branch of the Incheon District Court to a fine of KRW 2 million for the same crime as a crime of violation of Road Traffic Act (driving alcohol) at the Incheon District Court's District Court on December 29, 2009.

[2] On November 9, 2020, the Defendant driven B-low-income vehicle under the influence of alcohol content 0.131% in a section of about 2 km from the roads near Bupyeong-gu, Incheon to the roads in front of the fourth sub-gu, Bupyeong-gu, Incheon, Bupyeong-gu.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection (violation of road traffic laws), report on the situation of a driver of a driving school, and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of two-yearly Acts and subordinate statutes, such as written inquiries about criminal history, and written summary orders;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the degree of punishment already taken place, the fact that there was no record of punishment for two drivings, the fact that there was no record of punishment for the last seven years, the fact that the crime is recognized, the support for the wife and children, and the family in the crisis of de facto employment with the cancellation of the driver's license, will not repeat again on behalf of the family.

The sentencing conditions of Article 51 of the Criminal Act, including normal situations, shall be determined as ordered by considering the sentencing conditions of Article 51.

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