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(영문) 인천지방법원 2019.09.19 2019고단5712

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

On January 5, 2012, the defendant was issued a summary order of a fine of KRW 3 million by the Jung-gu District Court due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the violation of the Road Traffic Act.

On August 3, 2019, at around 23:02, the Defendant driven DK5 car at approximately 5 meters while under the influence of alcohol concentration of 0.148% in front of the Cmaart in Bupyeong-gu Incheon, Bupyeong-gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. The circumstantial statement of the employee;

1. Previous record: Application of a copy of criminal records and summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (i.e., the fact that a person drives approximately 5 meters in 5 meters after he/she arrives at his/her house through a proxy engineer, etc.);

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;