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(영문) 인천지방법원 2020.12.23 2020고단9009
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 April 25, 2016, the Defendant was issued a summary order of KRW 4 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 30, 2020, at around 01:21, the Defendant driven a C low-speed car with approximately 500 meters alcohol concentration of 0.122% while under the influence of alcohol in the section of approximately 500 meters from the roads adjacent to the Michuhol-gu Incheon Metropolitan City B apartment parking lot to the front road of the same Gu B apartment parking lot.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to criminal records, reply reports, 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. 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.

Unfavorable circumstances: The Defendant re-driving a motor vehicle even three times, which had been punished as a drunk driving.

It is a high level of blood alcohol concentration measured.

The favorable circumstances: There is no record of the crime to be peculiar in addition to the above crime.

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