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(영문) 인천지방법원 2020.02.11 2019고정2535

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On November 30, 2019, at around 01:02, the Defendant driven CK5 car while under the influence of alcohol with approximately 1km from the vice-dong of Bupyeong-gu Incheon Metropolitan City to the front road of the same Gu B, and with approximately 0.085% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a drinking driver, and notification of the results of the influence of drinking alcohol control;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice 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 2007Da15488, Apr. 21, 2007)

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;