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(영문) 인천지방법원 2020.01.17 2019고정2469
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

On January 20, 2009, the defendant issued a summary order of one million won as a crime of violation of the Road Traffic Act by the Incheon District Court.

To the extent that it does not interfere with the defendant's right of defense, part of criminal records was revised.

On September 2, 2019, at around 08:40, the Defendant driven D vehicles at approximately 12 km at the front of the entrance of C at the same time on the Mourher road where the trade name at the enclosed-dong cannot be known at the time of impulse while under the influence of alcohol at 0.060% of blood alcohol level.

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 indicated in the judgment: Criminal history records, references, and the application of Acts and subordinate statutes that are remarkably true to the court;

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. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (The following grounds for sentencing):

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 of the provisional payment order requires strict punishment for the crime of drunk driving as well as the risk of harming the life and body of others. The revised Road Traffic Act strengthened statutory punishment for this purport.

The defendant had already been punished for the same kind of crime, but again committed a second offense.

On the other hand, the defendant shows his attitude to recognize and reflect the crime of this case.

The above criminal conduct is about 10 years prior to the above criminal conduct, and the defendant seems to have no record of criminal punishment.

In addition, the defendant's age and behavior environment, family relations, the circumstances leading to the defendant to commit the crime of this case, etc., as well as the various sentencing conditions shown in the arguments and records of this case, such as the motive and result of the crime of this case, shall be determined as ordered.

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