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(영문) 인천지방법원 부천지원 2021.03.18 2020고단1641
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 September 22, 2017, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Busan District Court Branch on September 2, 2017.

On March 28, 2020, the Defendant driven a vehicle at D Q745 TFSI quat level while under the influence of alcohol level of about 0.039% during blood in approximately 200 meters from the Do in front of the same city from 00:24 to the front of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Report on the circumstances of driving under the liquor:

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports (Attachment to suspect records);

1. Relevant Article 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines concerning facts constituting an offense, and the choice of fines;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are all recognized, and the punishment shall be determined by taking into account all the sentencing conditions shown in the pleadings of the instant case, such as the number of alcohol alcohol concentration, driving distance, the frequency and time of punishment for the same kind of crime, the details and interval of the crime, and the family relationship, age, sex behavior, environment, background of the crime, circumstances after the crime, etc.

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