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(영문) 인천지방법원 2020.09.28 2020고단5562
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 September 7, 2012, the Defendant was issued a summary order of fine of KRW 4 million by the Incheon District Court for a crime of violation of the Road Traffic Act, and a fine of KRW 2 million by the same court on March 24, 2016.

【Criminal Facts】

On June 2, 2020, the Defendant driven a vehicle at C Saturdays in a section of about 100 meters from the land of Yeonsu-gu Incheon apartment to the underground parking lot of the same apartment from the Yeonsu-gu apartment to around 0.081% of blood alcohol concentration around 23:47.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking driving, a report on the situation of a drinking driver, a record of enforcement, a criminal investigation report (CCTV investigation), and related photographs;

1. Application of Acts and subordinate statutes regarding criminal records, etc., investigation reports (attached to the previous and summary order) and attached 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. 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.

The defendant was punished twice due to drunk driving, but he was again under the influence of alcohol.

A favorable condition: A driving distance is short after returning home through a substitute driver and parking in the parking lot.

The records of the same crime are 4 years before 4 years.

Blood alcohol concentration is not high.

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