(영문) 인천지방법원 부천지원 2021.03.31 2021고단111

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 인천지방법원 부천지원 2021.03.31 2021고단111

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 13 million.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On June 18, 2018, the Defendant received a summary order of KRW 4 million as a violation of the Road Traffic Act (drinking driving) from the Busan District Court Branch on the part of the Defendant.

Despite the fact that the Defendant had been in violation of the provision on the prohibition of driving under the influence of alcohol at least once, on December 13, 2020, at around 00:0, the Defendant driven a Esp motor vehicle with approximately 100 meters alcohol level from the 2nd of the D convenience store in Kimpo-si, Kimpo-si to the front of the D convenience store in Kimpo-si, Kimpo-si.

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

Summary of Evidence

1. A written investigation into the actual state of the defendant's legal statement;

1. Statement of the circumstances of the driver involved in driving;

1. On-site photographs inquiring about the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment went back to the crime of this case even though the defendant had recently been punished due to drinking driving, and the degree of alcohol concentration during blood transfusion is not only reasonable, but also is more serious and is likely to be subject to criticism by causing traffic accidents.

However, considering the facts that the defendant recognized the crime and the fact that there is no record of punishment exceeding the fine, etc., the punishment as ordered shall be determined by considering the favorable circumstances. In addition, comprehensively considering the following factors: the defendant's age, sex, environment, circumstances leading to the crime, circumstances after the crime, etc., and all the sentencing conditions shown in the records and arguments of this case, such as

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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