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(영문) 인천지방법원부천지원 2020.11.10 2020고단2313
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[criminal power] On September 13, 2013, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court.

【Criminal Facts】

On May 30, 2020, at around 01:10, the Defendant driven a vehicle Erabur with blood alcohol concentration of about 0.131% in the section of approximately 200 meters from May 30, 202 to the front road of Kimpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions in judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes of one summary order;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is an offense in which not only the person himself but also another person's life can be taken, and the fact that the crime is not good is unfavorable to the defendant.

However, considering the circumstances favorable to the defendant, such as the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc., the defendant recognized the crime of this case, the fact that there is no same punishment power, and the driving distance was relatively short, etc. in addition to the one-time fine in the judgment prior to about seven years, the punishment as ordered shall be determined by comprehensively taking into account the following factors:

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