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(영문) 인천지방법원 2021.02.03 2020고단10000
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 history] On December 9, 2016, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for a crime of violating the Road Traffic Act (dacting driving).

[Criminal facts] On November 09, 2020, the Defendant driven B-V car under the influence of alcohol concentration of approximately 0.126% at a section of about 1km from the front side of a drinking tree in the city of Michuhol-gu Incheon, Incheon, Seodong-gu to the front side of the city of 592, Nam-gu, Namdong-gu, Incheon, with a view to around 0.126% alcohol level.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Application of a reply to inquiry, such as criminal history, and summary order-making statutes;

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, even though he had a record of being punished for driving under the influence of alcohol once, was driving under the influence of alcohol.

In the measured blood, the alcohol concentration is high.

The favorable circumstances: There is no record of crimes other than the above crimes.

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