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(영문) 인천지방법원 2018.08.22 2018고단4896

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[criminal history] On November 27, 2009, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine of KRW 1,50,000 due to a violation of the Road Traffic Act (driving). On January 18, 2016, the Defendant was sentenced to a fine of KRW 6 million by the same court as the same crime.

[2] Although Defendant 1 had been punished for committing a violation of the Road Traffic Act (drinking) on at least two occasions, Defendant 2 driven B rac cars at approximately 100 meters under the influence of alcohol level of 0.184% in blood alcohol level from Yeonsu-gu, Incheon at around 23:08, Jun. 2018 to 300-4, Yeonsu-gu, Incheon at around the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

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

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

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