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(영문) 인천지방법원 2020.02.12 2019고단8609
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On July 8, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the Daegu District Court.

On November 9, 2019, at around 00:14, the Defendant driven a C-car in the state of alcohol alcohol concentration of about 0.135% from the section of about 5km from the front of the Jung-gu Incheon Metropolitan City to the front of the 36 U.S. Island, Jung-gu, Incheon, Jung-gu.

Accordingly, the defendant, even though he had a record of punishment more than once due to drinking driving, was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal;

1. Previous records before ruling: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the Defendant was punished for the same crime as in the judgment, committed a second offense, and the blood alcohol concentration in the instant case is relatively high.

However, the defendant's mistake is now divided in depth.

After being punished in 2008, 11 years have passed since 2008, and there is no criminal record other than the above punishment records.

In full view of the above circumstances, the punishment as ordered shall be determined as above.

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