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(영문) 인천지방법원 부천지원 2021.03.31 2021고단29
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

[Power of crime] On October 11, 2006, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Chuncheon District Court.

[2] On October 23, 2020, the Defendant driven a D-related cruise car under the influence of alcohol concentration of about 0.181% from the three kilometers around the cafeteria road located in Kimpo-si B, Kimpo-si, Kimpo-si to the road near the northwest-si, Kimpo-si.

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

Summary of Evidence

1. The defendant's legal statement E or F, the investigation report on the actual condition of each police's statement, and the scene of the accident;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating 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 been punished for driving alcohol, and the degree of alcohol concentration during blood is reasonable and the result causes the traffic accident. The responsibility for the crime is serious and there is a high possibility of criticism.

However, it shall be considered in favor of the fact that the defendant recognized the crime and agreed smoothly with the victims, and that there is no other punishment force except a fine according to drinking driving.

In addition, all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, background leading to the crime, circumstances after the crime, etc., shall be determined as ordered by considering the following factors.

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