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(영문) 인천지방법원 2020.12.22 2020고정1798

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On March 25, 2020, at around 23:00, the Defendant driven a CMW520d car under the influence of alcohol from approximately 5 meters to about 0.132% of alcohol alcohol level from among the 17th ground parking lot of the fourth floor of the building of Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 112Do1209, Feb. 1, 2007; Supreme Court Decision 2009Do1449, Apr. 2, 201);

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;