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(영문) 인천지방법원부천지원 2020.09.11 2020고단2379
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On November 5, 2015, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) from the Busan District Court’s Branch Branch on November 5, 2015.

【Criminal Facts】

On June 15, 2020, at around 05:26, the Defendant driven a DNA car with a blood alcohol concentration of about 0.158% from the 400-meter section to the front of the same Gu road in Gangseo-gu Seoul Metropolitan Government, in a state of under the influence of alcohol of about 0.158%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the circumstances of a drinking driving, notification on the results of the control of drinking driving, and photograph of a drinking measuring instrument;

1. Registers of driver's licenses;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in judgment: Criminal records, investigation reports (report attached to a summary order of the same affiliated military unit), and application of summary order statutes;

1. Article 148-2(1) of the Act on the Punishment of Violences, etc. and Articles 148-2(1) and 44(1) of the Road Traffic Act (the fact that a person commits the instant crime, the selection of a fine, and the Defendant again committed the instant crime even though he was punished for driving under the influence of alcohol in 2015). As such, there is a risk of repeating the instant crime, and since the blood alcohol content at the time of the instant crime is considerably high, the quality of the instant crime is also bad. Provided, That the Defendant has not been punished for driving under the influence of alcohol in 2015, and the Defendant has not been punished for committing the instant crime after 2015, and a fine of KRW 300,00,00 for driving under the influence of alcohol in 201, KRW 4 million for a fine of KRW 1 million for driving without the license in 2016, in consideration of the fact that there is no other criminal punishment, other than that imposed for driving under the influence of a fine)

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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