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(영문) 인천지방법원부천지원 2020.11.25 2020고정642
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On May 30, 2020, at around 05:39, the Defendant driven a vehicle of Matri-lurttur in the state of alcohol 0.081% under the influence of alcohol in the section of approximately 12km from a road where it is impossible to identify a place below the area of Daegdong, Yeongdeungpo-gu Seoul Metropolitan Government (Seoul Metropolitan Government) to the front road of Seongbuk-gu (Seoul Metropolitan Government).

Summary of Evidence

1. Application of the Acts and subordinate statutes to the accused's statutory statement, state-of-law report on drinking driving, control of drinking;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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 Article 334(1) of the Provisional Payment Order requires strictness in light of social risks and harm and injury to a crime threatening to the life or body of himself/herself and others.

The current Road Traffic Act has greatly strengthened the control standards and statutory punishment due to the social request to eradicate the harm of drinking driving.

However, considering the fact that the defendant recognized a criminal act as a favorable condition, etc., the defendant's age, occupation, environment, motive leading to the criminal act of this case, etc., and all of the sentencing factors revealed in the trial process, the fine imposed by the summary order cannot be deemed excessive, and thus, the sentence is delivered as per Disposition.

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