beta
(영문) 인천지방법원 2020.01.22 2019고단8654

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 October 19, 2012, the Defendant was punished for a violation of the Road Traffic Act (driving) by being notified of a summary order of a fine of one million won for a violation of the Road Traffic Act in the Gyeyang Branch of Suwon District Court on October 19, 2012.

【Criminal Facts】

On November 20, 2019, at around 13:41, the Defendant driven a motor vehicle under the influence of alcohol with approximately 0.036% of alcohol level 0.036% in the area of approximately 200 meters from the front of the D apartment in the Southern-gu Incheon Metropolitan City B.

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 the Act 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 low drinking level, and the previous records of driving under influence prior to about seven years);

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;