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(영문) 인천지방법원 2020.07.22 2020고단3477
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[criminal power] On November 25, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 7, 2020, the Defendant, while under the influence of alcohol 00:49% of blood alcohol concentration, driven a car in approximately 300 meters away from C in Jung-gu Incheon Metropolitan City to D in front of Michuhol-gu, Incheon, Jung-gu.

Accordingly, the defendant violated the Road Traffic Act prohibition provisions at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the result of crackdown on drinking driving, and report on the situation of drinking drivers;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (Attachment of the same kind of power), and application of Acts and subordinate statutes governing summary orders;

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

1. Articles 53 and 55 (1) 3 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, was re-driving.

However, it shall be considered as favorable factors such as the fact that the vehicle is disposed of and the vehicle is not driven again, and that the blood alcohol concentration has been measured relatively low, and the other factors of sentencing under Article 51 of the Criminal Act, such as the age, character, conduct and environment of the defendant, shall be determined as ordered by taking into account the various sentencing conditions in the records of this case.

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