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(영문) 인천지방법원부천지원 2020.12.17 2020고단4571

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 6,500,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[Criminal Power] On February 5, 2015, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court’s Vice-Support.

【Criminal Facts】

On October 24, 2020, the Defendant driven an E E E-cub vehicle while under the influence of alcohol content of about 0.046% from the front side of the C-public parking lot located in Seocheon-si B to the front side of Seocheon-si D.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant’s legal statement, notice of the result of the regulation of drinking driving, report on the state of drinking drivers, investigation report (report on the state of drinking drivers), report on the state of drinking driving, and inquiry into the results of the regulation of drinking driving;

1. Previous convictions in judgment: Application of criminal records and summary order Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting the crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines (the fact that the defendant recognizes the crime of this case and reflects the nature of the crime of this case, the interval between the previous drunk driving and the drinking alcohol taking into account, etc.);

1. Discretionary mitigation of fines under Articles 53 and 55 (1) 3 of the Criminal Act ( repeatedly considered the grounds for choosing a fine);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.