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(영문) 인천지방법원 2020.08.19 2020고단4946
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On April 23, 2015, the Defendant was sentenced to a fine of KRW 4 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

around 00:07 on May 22, 2020, the Defendant driven C X-ray car in the state of alcohol alcohol concentration of about 0.078% from the 1km section to the front road of the building in Michuhol-gu Incheon, Michuhol-gu.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Criminal records, inquiry reports, investigation reports, and application of statutes attached to the judgment;

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

1. Article 53 of the Criminal Act for discretionary mitigation;

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 with regard to a provisional payment order is that the Defendant, even though he/she had a record of being punished as a drunk driving, re-driving.

However, it shall be considered as favorable factors such as the fact that there is no other record of crime except once due to a fine due to drinking driving, the measured blood alcohol concentration is low, and the fact that a person does not drive under the influence of alcohol again is not driving under the influence of alcohol. In addition, the sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case, such as the defendant's age, character, conduct and environment, shall be determined as ordered by

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