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(영문) 인천지방법원 2020.06.10 2019고단9166
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

On June 28, 2017, the defendant was sentenced to a fine of five million won by the Incheon District Court for a violation of the Road Traffic Act.

On November 5, 2019, around 04:07, the Defendant driven a BMW520d car under the influence of alcohol content 0.112% at the 16km section, from the vicinity of the Singun Sin-dong Singu, Singu, Singu, Singu, Singu, Singu, Singu, Singu, to the 13rd Seon-ro, Singu, Singu, Singu, Singu.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records of judgment: Criminal history records, inquiry reports, application of Acts and subordinate statutes to investigation reports (Attachment to the same type of crimes);

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 provisional payment order is that the defendant has been punished once recently for the same kind of crime, but the defendant has re-driving a motor vehicle.

However, it shall be considered as a favorable factor in which it would not drive under the influence of alcohol again, and the punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions of Article 51 of the Criminal Act, which are shown in the records of this case, such as the degree of the appearance, age, character and conduct of the defendant, and environment.

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