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(영문) 인천지방법원 2020.05.20 2020고단597

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On August 24, 2009, the Defendant issued a summary order of a fine of KRW 3 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

Criminal facts

On April 14, 2020, at around 02:37, the Defendant driven CG car while under the influence of alcohol leveling 0.260% from around 4.5km to the front road of the Seo-gu Incheon Seo-gu, Bupyeong-gu, Incheon, Seo-gu, Incheon.

As a result, the defendant, despite the fact that he violated the prohibition of drunk driving under the Road Traffic Act, was driving a motor vehicle again while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, written appraisal of blood alcohol, and inquiry into the results of the drinking driving control;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act of the choice of punishment, selection of fines (see, e.g., the content and circumstances of the instant crime, blood alcohol level, and the Defendant’s criminal records, other than the foregoing criminal records, have the same criminal records, but not less than 20 years old, and it is said that he/she would not drive under the influence of alcohol again against his/her mistake);

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;