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(영문) 인천지방법원 2020.04.27 2020고단623

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of seven million won.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On September 24, 2004, the Defendant received a summary order of KRW 700,000 from the Incheon District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 4 million as a fine in the same court on July 16, 2012, respectively.

On January 21, 2020, the Defendant was under the influence of alcohol of 0.076% from blood alcohol level around 02:58, the Defendant was driving a Cirsom car at approximately about 10km from the vicinity of Yeonsu-gu Incheon Maok Park to the front road of the Namdong-gu Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty (Selection of a fine in consideration of the degree of blood alcohol, the degree of records of drunk driving in 2004 and 2012, and the circumstances reflecting the mistakes, etc.);

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (the previous circumstances shall be considered);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;