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(영문) 인천지방법원 부천지원 2021.01.08 2020고단4097
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 history] On June 3, 2016, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Incheon District Court.

[Criminal facts] On September 10, 2020, the Defendant driven D K7 automobiles under the influence of alcohol content of about 0.144% while under the influence of alcohol level of about 1.5 km on the road of approximately 1.5 km away from the road near the head office of the cooperative located in Seocheon-si B, Seocheon-ro, 2020 to the road front of the 293 Incidental sports center shooting distance.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver who is placed in the police interrogation protocol, report on the results of regulating the driving of alcohol, report on the actual traffic accident in the register of measuring instruments using drinking alcohol, and report on the driver's license register of the vehicle and the report on the internal investigation (the victim's letter, the damage was not caused even though the accident was contacted) of the defendant on the vehicle (the victim's other traffic accident related to the victim's internal investigation, etc.) (the report on the driver who is placed in the main place);

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (verification of criminal history of the same case and attachment of a summary order) and application of Acts and subordinate statutes of a summary order;

1. Relevant legal provisions on criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act (the point of drinking), and the choice of a fine (the Defendant, despite being punished by a fine for driving under the influence of alcohol in 2016, again committed the instant crime of driving under the influence of alcohol in 2016), thus raising the risk of recidivism. The Defendant also commits a crime in light of the fact that the alcohol concentration in the blood was high at the time of the instant crime and the Defendant actually caused a traffic accident that shocks stalba at the time of the instant crime.

However, the defendant confessions the crime of this case and reflects it, and the defendant shall be punished by a fine again in consideration of the fact that he/she is not subject to criminal punishment other than a fine for one time due to driving under drinking in 2016.

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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