(영문) 인천지방법원 2020.01.10 2019고단8598

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(영문) 인천지방법원 2020.01.10 2019고단8598

도로교통법위반(음주운전)

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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

【Criminal Power】 On August 2, 2016, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Southern District Court as a crime of violating the Road Traffic Act.

【Criminal Facts】 On September 2, 2019, around 23:25, the Defendant driven a Ethra New Rash-in car under the influence of alcohol concentration of about 0.110% from the front road of Yeonsu-gu Incheon Metropolitan City, to the front road of the same Gu D apartment.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Criminal records as indicated in the judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of force), 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 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Fines of 10 million won and 20 million won in the scope of punishment by law;

2. The sentencing criteria are not applicable since the scope of a fine according to the sentencing criteria has been selected. 3. The sentencing criteria are not applicable in full view of all the following factors: (a) the blood alcohol concentration in the judgment of the sentencing criteria; (b) the distance of the drinking driving in the judgment of the sentence falls relatively short distance; and (c) the Defendant’s age and behavior environment including the background leading to the drinking driving; (b) the motive and means of the crime; and (c) the circumstances after the crime,

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