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(영문) 인천지방법원 2020.10.14 2020고단7052
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[criminal power] On October 4, 201, the Defendant was issued a summary order of KRW 2 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 26, 2020, at around 05:08, the Defendant driven a B-hand car while under the influence of alcohol concentration of about 0.108%, from the 5km section of approximately 5km to the funeral of Bupyeong-gu Incheon Metropolitan City up to the 235 new reproduction distance.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving, and report on the circumstances of drinking drivers;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, investigation reports, and summary orders;

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

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, even though he had a record of being punished as a drunk driving, was driving again.

It is a high level of blood alcohol concentration measured.

The favorable circumstances: The records of the same crime shall be nine years, and there shall be no other records of the crime.

It is also necessary to prevent recidivism.

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