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(영문) 인천지방법원 2020.10.28 2020고단7356
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On August 7, 2007, the defendant was issued a summary order of KRW 500,000 by the Incheon District Court for a violation of the Road Traffic Act (driving) and the above summary order became final and conclusive on the 22th of the same month.

On August 9, 2020, around 15:53, 2020, the Defendant driven C Launa car from the frontway of Seo-gu Incheon, Incheon to the station distance of the citizen hall located in 371, Michuhol-gu, Incheon, to the station distance of the citizen hall, which is about 9km, while under the influence of alcohol concentration of 0.080%.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation status;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Article 53 of the Criminal Act for discretionary mitigation;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order, the sentence shall be determined as ordered in consideration of the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, etc.

Unfavorable circumstances: The defendant, even though he had a record of being punished as a drunk driving, was driving again.

In the course of driving, the potential risks on the road have been caused.

The above crime is committed before 13 years, and the degree of blood alcohol level measured is not high.

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