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(영문) 인천지방법원 2020.01.07 2019고단7449

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

[Criminal Power] On April 1, 2008, the Defendant received a summary order of KRW 700,000 from the Incheon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

around 15:40 on October 4, 2019, the Defendant driven a F car while under the influence of alcohol with approximately 0.198% of alcohol level 0.198% at the section of about 500 meters in front of E located in Gyeyang-gu Incheon Metropolitan City.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of the control of drinking driving, reports on the state of drinking drivers' statement, and investigation reports (report on the state of drinking drivers);

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is against the defendant's recognition of the crime, the previous sentence is against the defendant's 2008 crime, the drinking value and the driving distance of the defendant, the degree of disadvantage expected according to the personnel regulations under the rules of employment, the defendant's age, character and conduct, family relation, environment, circumstances and result of the crime, and other circumstances shown in the arguments of this case, including circumstances after the crime, shall be determined as ordered in comprehensive consideration.