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(영문) 인천지방법원 2019.10.02 2019고단5376

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

[Criminal Power] On August 7, 2009, the Defendant received a summary order of KRW 1,500,000 from the Incheon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On July 14, 2019, at around 23:47, the Defendant driven B rocketing car with approximately 500 meters alcohol concentration 0.135% under the influence of alcohol from around the restaurant located in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu to the white-ro 409 Kannam-gu, Incheon Metropolitan City.

As a result, the defendant had already been punished for a drunk driving, but he again passed a drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

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

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., reflectability, the same kind of power before 10 years, and the fact that there is no power exceeding the fine);

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;