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(영문) 인천지방법원 2020.12.23 2020고단8965
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

At around 22:40 on September 18, 2020, the Defendant driven a fa-purd motor vehicle under the influence of alcohol concentration of about 0.242% at a section of approximately 200 meters from the street in front of the CUnion distance in Incheon Metropolitan City, Incheon Metropolitan City, to the front road in D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

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

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Article 53 of the Criminal Act for discretionary mitigation;

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 was driving in a state exceeding 0.2% of blood alcohol concentration, and was in an accident.

A favorable circumstance: A first offense with no power to commit a crime.

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