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(영문) 인천지방법원 2020.08.19 2020고단4796
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[criminal power] On November 10, 2008, the defendant was issued a summary order of KRW 1 million by the Incheon District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 4 million by the same court on September 17, 2015, respectively.

【Criminal Facts】

On May 17, 2020, from around 00:06 to 00:11 on the same day, the Defendant driven DK7 car at approximately 700 meters away from the Do in front of the Namdong-gu Incheon Metropolitan City to the front of the Gu, with a blood alcohol concentration of about 0.133% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. An inquiry into the results of crackdown on drinking driving, a report on the circumstantial statement of a drinking driver, and a screen of CCTV video recording;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, investigation reports (a report on the confirmation of the same kind of power), and summary orders;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the Defendant re-driving a motor vehicle even though he/she could have a record of being punished for drunk driving, and that the blood alcohol concentration measured is also high.

However, it shall be considered as favorable factors such as the fact that two times among the records of the same kind of crime are 12 years or more, the fact that there is no other record of crime, the distance of driving is relatively short, and the fact that the driving does not drive under the influence of alcohol again, etc. In addition, the punishment shall be determined as ordered by taking into account the various sentencing conditions of Article 51 of the Criminal Act, which are shown in the records of this case such as the age, character

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