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(영문) 인천지방법원 부천지원 2021.01.19 2020고단4297
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[criminal history] On July 6, 2007, the Defendant received a summary order of KRW 2 million from the Seoul Central District Court to a fine of KRW 1,00,000 due to a violation of the Road Traffic Act (driving), and on July 16, 2015, the Seoul Western District Court issued a summary order of KRW 5,00,000 as a crime of violation of the Road Traffic Act (Refusal of measurement of drinking), respectively.

[2] On September 28, 2020, around 23:50, the Defendant driven a FK7 vehicle under the influence of alcohol leveling 0.148% from the 19km section from the front of the “C” road located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-si, Kimpo-si to the front of the 19km parking lot E-dong in Kimpo-si.

Accordingly, the Defendant driven under the influence of alcohol in violation of Article 44(1) or 44(2) of the Road Traffic Act at least twice.

Summary of Evidence

1. Investigation report on the suspect's statement by the defendant on the suspect's legal statement by the defendant, report on the state of driving at home, notification on the results of regulating the driving of drinking, inquiry into the driver's license register of the motor vehicle, inquiry into the driver's license register of the motor vehicle, inquiry into the mandatory insurance (such as the background of recognition and on-site status, etc.)

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (the same kind of records), and application of each summary order statutes;

1. Relevant legal provisions on criminal facts, Articles 148-2(1), 44(1) and 44(2) of the Road Traffic Act (the point of drinking), the choice of fines (the Defendant was sentenced to a fine of 2 million won due to drinking and non-licenseing driving in 2007, a fine of 1.5 million won due to a non-licenseing driving in 2008, a fine of 1.5 million won due to a non-licenseing non-license in 2008, and a fine of 5 million won due to a refusal to measure drinking in 2015, and thus, the Defendant again committed a crime of drinking driving in this case, thereby causing high risk of recidivism.

In addition, since the blood alcohol concentration is high at the time of the crime of this case, the crime of this case is also inferior.

However, the defendant is both led to the confession and reflect of the crime of this case, and the defendant is not subject to criminal punishment except three times prior to the fine, and the defendant has not been subject to the crackdown on drinking after 2015.

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