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(영문) 인천지방법원 2020.05.27 2020고단739
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

around 23:40 on March 31, 2020, the Defendant driven an E rocketing car in the state of alcohol alcohol concentration of approximately 0.169% from the 17km section to the front parking lot of approximately 5-6 Ra, Dong-dong, Seo-gu, Incheon, Seo-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Application of investigation report (the statement on the phone of an apartment security guard who is the reporter), investigation report (the CCTV in an apartment complex, etc.) Acts and subordinate statutes;

1. Relevant Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act and Article 148-2 (3) 2 of the Act on the Selection of Criminal Crime and Punishment

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

1. The defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act is that the defendant's act is subject to criticism on the ground that he was involved in an accident while driving a motor vehicle again and driving a motor vehicle at a considerable distance despite the fact that he had been punished for the same kind of crime in the past.

However, it should be considered as favorable factors such as the fact that a person is not driving under the influence of alcohol, and the same criminal record is old, and the degree of other drinking, age, character and behavior of the defendant, character and environment, etc. of Article 51 of the Criminal Act, which are recorded in the records of this case, shall be determined like the order.

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