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(영문) 인천지방법원 2020.02.19 2019고단9366

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

[criminal power] On July 16, 2007, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Incheon District Court, and on October 20, 2017, a summary order of KRW 4 million for the same crime was issued, respectively.

【Criminal Facts】

On December 11, 2019, at around 5:19, the Defendant driven CK3 car under the influence of alcohol with about 1k alcohol concentration of about 0.036% from the section of approximately 1k, from the road front of the Gyeyang-gu Incheon Gyeyang-gu, Incheon, Gyeyang-gu to the road front of the Ganyang culture of 119.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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., reflectiveness, the so-called “permissible driving,” the fact that drinking is low, the defendant’s state was relatively good at the time of crackdown, and the fact that there is no history exceeding the fine);

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;