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(영문) 인천지방법원 2021.02.17 2020고단9716
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 January 23, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Incheon District Court, and a summary order of KRW 3 million for the same crime at the same court on May 10, 2007, respectively.

On October 15, 2020, at around 23:46, the Defendant driven Crain car in the state of alcohol alcohol concentration of about 0.081% from the 1km section of approximately 1km to the front of the Incheon Dong-gu apartment site B, Nam-gu, Incheon.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances: (a) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (b) the sentencing conditions stated in the pleadings of the instant case, such as the circumstances after the crime, shall be determined as ordered by the Criminal Procedure Act.

Unfavorable circumstances: The Defendant, even though he was punished for driving under drinking two times, was driving again under the influence of drinking.

The favorable circumstances: The concentration of alcohol among measured blood is not high.

The records of the same crime are 13 years prior to 13 years.

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