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(영문) 인천지방법원 2021.02.17 2020고단8099
도로교통법위반(음주운전)
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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 history] On July 6, 201, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (dacting driving) at the Goyang Branch of the Jung-gu District Court.

[2] On August 27, 2020, around 16:14, 2020, the Defendant driven C rocketing car under the influence of alcohol level of about 0.222% from the 1km section from the front of the public management bathing beach road of about 757, 757, to the front of the same military road.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of an inquiry letter, text of judgment, and copy of summary order, such as criminal history;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances: (a) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (b) the sentencing conditions stated in the pleadings of the instant case, such as the circumstances after the crime, shall be determined as ordered by the Criminal Procedure Act.

Unfavorable circumstances: The Defendant, who was punished for driving under the influence of alcohol, was punished four times, and two times among them, once again driven under the influence of alcohol even though he was punished as a penalty.

In the measured blood, the alcohol concentration is very high.

A favorable circumstances: Disposal of a vehicle and prevention of recidivism are being conducted.

The records of the same crime are 10 years prior to 10 years.

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