(영문) 인천지방법원부천지원 2020.11.24 2020고단3112

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원부천지원 2020.11.24 2020고단3112

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On December 29, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act from the Busan District Court's Branch Branch.

On July 15, 2020, at around 22:40, the Defendant driven a F Kazon vehicle under the influence of alcohol concentration of about 0.094% from the 20-meter section from the front road in Kimpo-si B to the entrance, exit distance in the same city D to the road in the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the control of drinking driving;

1. Before judgment: Application of a copy of summary order and criminal records-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 6 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant recognized the crime of this case and reflects it, and there is no record of punishment for drinking, in addition to the fine once 12 years prior to the judgment, as the defendant was not a substitute driving engineer at the time, and the defendant was not aware of the location of the defendant, and thus, the defendant appeared to have caused the crime of this case only at a short distance to keep the substitute driving engineer at the time. It seems that there was no intention to continue driving, and the fact that the driving distance of the defendant was about 20 meters due to the intention to continue driving, etc. shall be considered as favorable to the defendant. In addition, the punishment shall be determined as per the order, comprehensively taking into account all the factors of sentencing as shown in the records and arguments of this case, including the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after

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