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(영문) 인천지방법원 2020.05.20 2020고단1674

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

On July 25, 2002, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million, and on September 6, 2012, from the Incheon District Court to a fine of KRW 1 million to a crime of violation of the Road Traffic Act.

At around 19:30 on January 24, 2020, the Defendant driven an EM3 car under the influence of alcohol concentration of about 0.088% from the 2km section from Yeonsu-gu Incheon Metropolitan City B apartment road to the D principal road in Yeonsu-gu Incheon Yeonsu-gu, Incheon.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than 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: Application of criminal records, etc. and other inquiry inquiry reports and Acts and subordinate statutes confirming the drinking driving force;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act of the choice of punishment, the selection of fines [Consideration of the contents and circumstances of the crime of this case, blood alcohol concentration, the defendant without any previous conviction other than the aforementioned criminal records, and the defendant's mistake against his/her own mistake and again does not drive under the influence of alcohol, etc.];

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

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

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