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(영문) 인천지방법원 2013.09.30 2013고단4770

도로교통법위반(음주운전)

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

【Criminal Power】 The Defendant was sentenced to a fine of KRW 1.5 million at the Incheon District Court on Nov. 14, 2007 and April 21, 2008 due to each of the crimes of violation of the Road Traffic Act.

【Criminal Facts】 On May 5, 2013, at around 07:00, the Defendant driven B rocketing car from the roads near the public village distance in Seo-gu Incheon Seo-dong to the roads front of the new world funeral hall located in the same Gu, under the influence of alcohol concentration of 0.087%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Consideration, such as the fact that discretionary mitigation recognizes and reflects his/her misconduct under Articles 53 and 55(1)6 of the Criminal Act, and the fact that there exists no past record subject to punishment heavier than the fine;

1. Articles 70 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;