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(영문) 인천지방법원 2020.06.24 2020고단3080
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

[Criminal Power] On February 23, 2017, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch on February 23, 2017.

【Criminal Facts】

On March 21, 2020, at around 00:25, the Defendant driven a DNA-learning car with a blood alcohol concentration of about 0.115% under the influence of alcohol from around 7km to the front road located in Michuhol-gu Incheon Metropolitan City, Nam-gu, Incheon.

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. Notification of the result of crackdown on drinking driving;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

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

1. Articles 53 and 55 (1) 3 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment was that the defendant, even though he had a history of punishment once due to drinking driving, has re-driving a motor vehicle. Such an act of the defendant shall be subject to criticism.

However, it shall be considered as a favorable factor that has been punished for the same kind of crime, and that the fact that it is difficult to drive a drinking again, etc., and considering the degree of other drinking, age, character and conduct of the defendant, and environment, etc., as well as the various sentencing factors of Article 51 of the Criminal Act, which are shown in the records of this case, shall be determined as a sentence like the order.

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