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(영문) 인천지방법원 2020.08.19 2020고단4273
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 power] On June 22, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Incheon District Court. On January 31, 2008, the Incheon District Court issued a summary order of KRW 3.5 million for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On May 1, 2020, at around 13:05, the Defendant driven an Eststren vehicle under the influence of alcohol concentration of about 0.059% from the 3km section from the Southern-gu Incheon Metropolitan City B apartment road to the Djust road located in Nam-gu, Incheon Metropolitan City, to the Djust Station C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of, and internal investigation into, a host driver (official application of the Radmark);

1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the defendant was able to have a record of being punished for drunk driving, but he was killed in the accident while driving again.

However, the records of the same kind of crime are 12 years prior to the disposal of the vehicle, the disposal of the vehicle and the re-driving of the vehicle, and the low level of blood alcohol level measured, etc. are considered as favorable factors. In addition, the sentencing conditions of Article 51 of the Criminal Act, which are shown in the records of this case, such as the defendant's age, character and behavior, shall be determined as ordered by taking into account the various sentencing conditions of

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