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(영문) 인천지방법원 부천지원 2021.03.24 2021고단244
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal history] The defendant was notified of a summary order of a fine of KRW 2.5 million on January 28, 2009 due to a violation of road traffic law (dacting driving) in the Incheon District Court's Busan District Court's Vice-Support on January 28, 2009

[2] On December 31, 2020, the Defendant: (a) had the aforementioned history of driving under the influence of alcohol; (b) once again, on December 31, 2020, around 15:23, the Defendant driven a C-wing truck with approximately 20 meters alcohol concentration of about 0.191% under the influence of alcohol; and (c) violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, list of relevant cases, and summary order-making statutes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment went back to the instant crime even though the Defendant had been punished for driving alcohol, and the degree of alcohol concentration in blood is also high, and thus, the liability for such crime is not minor.

However, the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sex, environment, circumstances leading to the crime, circumstances after the crime, drinking driving, etc., including the fact that the defendant recognized the crime and got a short distance in the parking lot, and the occurrence of traffic accidents, etc., shall be determined as follows.

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