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(영문) 인천지방법원 부천지원 2021.03.31 2020고단5202
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 20, 2015, the Defendant was issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court’s Busan District Court’s Branch Branch on March 20, 2015.

On November 17, 2020, at around 22:09, the Defendant driven a motor vehicle E with low alcohol concentration of 0.095% in the 5km section from the roads near the Incheon Bupyeong-gu Hospital to the roads near Seocheon-si D, Seocheon-si.

Accordingly, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement and report on the circumstances of the driver involved in driving, report on the results of crackdown on driving drinking, and reply to requests for appraisal of the seizure list;

1. Previous convictions: Application of the results of inquiry, such as criminal history, and a copy of the summary order, as prescribed by statutes;

1. Relevant Article 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines concerning facts constituting an offense, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order had been punished several times for the violation of road traffic law (two times a drinking driving, non-licenseed driving, and non-measures after the accident), the fact that the defendant left to the crime of this case and the blood alcohol concentration are significant in that the number of alcohol concentration during the crime of this case is significant.

However, consideration shall be given to the favorable circumstances, such as the fact that the defendant is recognized as committing a crime, the occurrence of a traffic accident, and the fact that there are circumstances to be considered in the circumstances of drinking driving.

In addition, all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, background leading to the crime, circumstances after the crime, etc., shall be determined as ordered by considering the following factors.

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