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(영문) 인천지방법원 2020.10.28 2020고단6176
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On November 8, 2016, the Defendant was issued a summary order of KRW 3 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 18, 2020, at around 00:25, the Defendant driven a 50-M distance from the parking lot for the Michuhol-gu Incheon B apartment complex, Michuhol-gu, Incheon, with a blood alcohol concentration of 0.159%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to inquiries into criminal records, investigation reports, copies of summary orders of the same kind of power;

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.

The degree of blood alcohol concentration measured is also high.

A favorable condition: A person has returned home by a proxy driver, and a short distance within the parking lot was driven.

In other words, it is not possible to drive under the influence of alcohol.

In addition to the above one-time criminal records, there is no other criminal records.

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