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(영문) 인천지방법원 2020.08.19 2020고단5043
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On April 10, 2020, the Defendant was under the influence of alcohol level of 0.190% on blood alcohol level on April 10, 2020, and was driving DSS5 automobiles from approximately 5km from the front of Yeonsu-gu Incheon Metropolitan City B to the front of the Michuhol-gu Incheon Metropolitan City C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, report on the results of crackdown on drinking driving, and replys with the State and a water test report;

1. The application of Acts and subordinate statutes attaching criminal records, reply reports, and summary orders of the suspect's same kind of power;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment had a record of punishment for drunk driving, and the defendant re-driving the vehicle, although he had a record of being punished for drunk driving, it was found that blood alcohol concentration was high.

However, the records of the same crime are 18 years ago, and there is no other record of the crime in addition to the fines twice, and the fact that the defendant does not drive under drinking again is considered as favorable factors, and the other factors of sentencing under Article 51 of the Criminal Act, which are recorded in the records of this case such as the age, character and behavior and environment of the defendant, shall be determined as ordered by taking into account the various sentencing conditions

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