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(영문) 인천지방법원 2020.01.10 2019고정2240
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 27, 2019, at around 00:15, the Defendant driven a D-to-purturd vehicle from the front of the C restaurant located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, to the front of the C restaurant located in Yeonsu-gu, Incheon, with approximately 100 meters alcohol concentration of about 0.122% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the statement of the status of a drinking driver, and reports on detection of a drinking driver;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the selection of fines;

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 is that the crime of drunk driving is likely to harm the life and body of others as well as himself/herself, and the revised Road Traffic Act strengthened the statutory penalty for this purport.

The defendant's crime caused a traffic accident.

On the other hand, the defendant shows the attitude to recognize and reflect the crime of this case.

The defendant is an elementary offender who has no record of criminal punishment until now.

In the above circumstances, the Defendant’s age, character and conduct, family relationship, home environment, motive and means of the crime, circumstances after the crime, and the lower limit of the statutory penalty for the crime of this case is set at five million won, etc. shall be determined by comprehensively taking into account all the sentencing factors shown in the records and arguments of this case.

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