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(영문) 인천지방법원부천지원 2020.10.15 2020고단978
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 17,000,000.

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

Reasons

Punishment of the crime

On August 5, 2016, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Incheon District Court's Busan District Court's Busan Branch.

On February 16, 2020, the Defendant driven a eMW 528i car under the influence of alcohol concentration of about 0.131% at a section of about 800 meters from the Do near the C Station in Bupyeong-gu Incheon Metropolitan City, to the same Gu D's front road.

Accordingly, the defendant, who violated the prohibition of drinking driving once, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment 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 blood alcohol concentration, driving distance, the frequency and time and interval of the crime, the family relation, age, character and conduct, environment, circumstances of the crime, and circumstances after the crime.

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