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(영문) 인천지방법원 2020.10.28 2020고단4087
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On June 4, 2015, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Busan District Court’s Vice-Support.

【Criminal Facts】

On April 5, 2020, at around 04:42, the Defendant driven the ENbrid car from the parking lot for B apartment in Michuhol-gu Incheon Metropolitan City to the front road in Gyeyang-gu, Incheon, with approximately 11m alcohol concentration of about 0.141% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Criminal records, inquiry reports, and application of summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Article 53 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order, the sentence shall be determined as ordered in consideration of the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, etc.

Unfavorable circumstances: The defendant, even though he had a record of being punished as a drunk driving, was driving again.

It is also a high level of blood alcohol concentration measured.

The favorable circumstances: There shall be no power to commit any other crime except the above crimes.

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