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(영문) 인천지방법원 2020.09.09 2020고단5924

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On August 31, 2012, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 24, 2020: (a) around 00:27, the Defendant driven a rocketing car with the blood alcohol concentration of 0.167% in the section of approximately 1km from the roads near the Michuhol-gu Incheon Metropolitan City B market to the roads located in 671 as the Gu Michuholdo.

Accordingly, the defendant violated the prohibition of drinking driving more 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. Records before ruling: Criminal records, etc., inquiry inquiry reports, confirmation of the same record, and application of Acts and subordinate statutes attaching a summary order;

1. Relevant provisions of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the selection of fines for the crime of this case (Consideration of the details and circumstances of the crime of this case, the blood alcohol concentration, the criminal records of the accused, etc.);

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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;