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(영문) 인천지방법원 2019.05.23 2019고단1651
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On February 25, 2008, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Gwangju District Court on February 25, 2008, and a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act at the same court on November 27, 2009.

【Criminal Facts】

On February 16, 2019, at around 02:45, the Defendant driven a B G80 car with a blood alcohol concentration of about 0.146% from the 3km section of approximately 3km to the roads in front of the Incheon Family Court located in 881, as Incheon Bupyeong-gu, Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Even though the provisional payment order was imposed twice due to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the crime of this case was committed again, and considering the risk of drinking driving and the social harm therefrom, the punishment corresponding to the liability should be imposed.

However, the defendant's mistake is divided and again does not repeat again, and the drinking driving of this case does not lead to actual traffic accidents, and after the punishment was imposed in 2009, the defendant's age, character, character and behavior, environment, circumstances after the crime, etc., and all the circumstances revealed in the records and arguments, including the defendant's age, character and behavior, circumstances after the crime, etc., shall be determined as ordered by the order.

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