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(영문) 인천지방법원 2020.02.05 2019고단8822

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 March 21, 2016, the Defendant is a person who has driven a motor vehicle, etc. under the influence of alcohol by receiving a summary order of a fine of KRW 1,500,000 from the Incheon District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On September 12, 2019, at around 01:47, the Defendant driven a DMW 320d car under the influence of alcohol leveling 0.155% from the 2km section of approximately 2km from September 12, 2019 to the 320d car under the influence of alcohol leveling 0.15% from the 3rd road in Bupyeong-gu Incheon Metropolitan City, the same street route to the 708 Samsan Sports Center.

Accordingly, the defendant, even though he had a power to drive a motor vehicle while under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. Previous convictions indicated in judgment: Criminal records and investigation reports (Attachment of the same kind of electric record) and the application of Acts and subordinate statutes governing summary orders attached thereto;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflectability, the previous records of driving under influence prior to about four years, and the fact that a vehicle is disposed of and uses public transportation);

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;