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(영문) 인천지방법원 2020.05.04 2020고단589

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On June 8, 2017, the Defendant issued a summary order of a fine of two million won by a violation of the Road Traffic Act (driving) at the Incheon District Court on June 8, 2017, and on the 22th of the same month, the above summary order was determined and has the record of violating Article 44(1) of the Road Traffic Act once.

On December 26, 2019, at around 15:27, the Defendant driven c, under the influence of alcohol concentration of 0.080%, at approximately approximately 200 meters from the influent land of Yeonsu-gu Incheon Metropolitan City to the front road of the same Gu B apartment, the Defendant driven c, under the influence of alcohol concentration of 0.080%.

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. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act of the choice of punishment, and the selection of fines ( Taking into account the following: (a) the details and circumstances of the crime of this case; (b) the degree of blood alcohol alcohol; and (c) the Defendant has no criminal record other than the aforementioned criminal records; and (d) the Defendant has to reflect and again refrain from driving under the influence of alcohol;

1. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (the foregoing circumstances shall be considered);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;