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(영문) 인천지방법원 2021.01.15 2020고단10727
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On April 1, 2020, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking) at the Incheon District Court.

【Criminal facts” From around 04:46 on November 22, 2020, the Defendant driven a BM5 vehicle not covered by mandatory insurance in the state of alcohol concentration of blood 0.084% at a section of about 10km from the roads near the Nam-gu Incheon Metropolitan City, Seo-gu to the core crom distance in the Seo-gu, Seo-gu, Incheon.

Accordingly, the defendant violated the prohibition of drinking driving at least twice, and operated a motor vehicle not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inspection site photographs of the mandatory insurance of automobiles;

1. Previous convictions in judgment: (A) a response to inquiry, such as criminal history, a report on investigation (the previous confirmation), and a copy of a summary order, shall be applied to the same Act and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 46 (2) 2 of the Maritime Security Act, the main sentence of Article 8 (the point of operating automobiles which are not mandatory insurance), and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the defendant drives drinking again at the time when the defendant was fined due to drinking, and that the blood alcohol concentration is low;

However, it is difficult to see that there is no other record of punishment except for those subject to punishment once due to drinking, such as the record of the crime in the holding, and other conditions of sentencing as shown in the argument in the present case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime.

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