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(영문) 인천지방법원 2021.02.24 2020고단11033
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

If the above fine is not paid, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

[criminal history] On February 2, 2018, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the early branch of the Chuncheon District Court.

[Criminal facts] On November 29, 2020, the Defendant driven a Da QM3 car from approximately 2 km from the front side of the Yeonsu-gu Incheon Metropolitan Building to the front side of the same Gu apartment complex after the same Gu, while under the influence of alcohol level of 0.174% during blood transfusion around 19:16 on November 29, 2020

Summary of Evidence

1. Statement by the defendant in court;

1. Reports and investigation reports on the detection of drivers engaged in the primary business (report on the situation of the drivers engaged in the primary business);

1. Previous convictions in judgment: Application of inquiry letter, investigation report (formers and attachment thereto) and other Acts and subordinate statutes, such as criminal history;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. On the other hand, during the period following the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, a driver has driven a parked vehicle in a workhouse to the extent that it is difficult for the driver to feel about the fact of the accident even after having been punished for driving under the influence of alcohol, and re-off the vehicle for a long time after having been punished for driving under the influence of alcohol, recognition of the crime, revocation of the driver's license due to the driving of alcohol, thereby suffering from personnel disadvantage in the company, and he does not re-off the vehicle again.

The sentencing conditions of Article 51 of the Criminal Act, including the circumstances, such as the fact that it is the first time in society, shall be determined as per the order.

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