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(영문) 인천지방법원부천지원 2020.10.13 2020고단2084
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 Power] On July 7, 2009, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On May 24, 2020, at around 18:45, the Defendant driven a FMW X6 car under the influence of alcohol concentration of about 0.122% in the section of approximately 2 km from around the C cafeteria located in Kimpo-si, Kimpo-si to the E in the direction of Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the results of the regulation of drinking driving, and report on the use register of a drinking measuring instrument, 112 case handling table;

1. Registers of driver's licenses, chassiss, and mandatory insurance;

1. Each investigation report (main drivers, circumstantial reports, case details, and investigator’s opinions);

1. Before judgment: Criminal records, investigation reports, and application of summary order-related Acts and subordinate statutes;

1. The pertinent provision on criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act (a) of the option of punishment, selection of fines (a fine of KRW 2 million for refusal of drinking measurement in 2001, a fine of KRW 1.5 million for drinking driving in 2009, and a fine of KRW 1.5 million for the purpose of drinking driving in 2009, which again committed the instant crime, there is a risk of repeating the instant crime. In light of the fact that the blood alcohol concentration at the time of the instant crime is higher than 0.122%, and that the Defendant was found to have locked during his signal signals on the road, and that the Defendant was found to have driven the alcohol due to a 112 report. However, the Defendant shall be punished by a fine again in consideration of the fact that the Defendant led to a confession and in depth against the instant crime, and that the Defendant did not have any criminal record after 2009 and has no record of punishment for drinking driving).

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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