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(영문) 인천지방법원 2020.06.17 2020고단3421

도로교통법위반(음주운전)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On July 9, 2014, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court due to a violation of the Road Traffic Act.

【Criminal Facts】

Although the Defendant was punished for drinking driving as above, around March 11, 2020, at around 22:47, the Defendant driven a b learning car with a 0.139% alcohol concentration from a section of approximately 50 meters from the street in front of a mutual influent restaurant located in the Seo-gu Jeju Jeju Jeju Jeju Jeju Jeju Jeju Island to the front of the same Seo-gu Office.

Accordingly, the defendant violated the Road Traffic Act prohibition provisions at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes attaching the same electric power judgment;

1. Relevant legal provisions concerning the crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the selection of fines (to take into account the details and circumstances of the crime of this case, the blood alcohol concentration, the above criminal record, etc.);

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the distance of driving is not a relatively long range, and the fact that he/she is willing not to drive under the influence of alcohol again after reflecting his/her mistake);

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;