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(영문) 인천지방법원부천지원 2020.09.10 2020고단301
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 28, 2017, the Defendant received a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act from the Busan District Court's Busan Branch.

On December 14, 2019, the Defendant, while under the influence of alcohol of 00:00:05, driven a BM5 car at approximately 300 meters away from the cafeteria-dong adjacent to Kimpo-si, Kimpo-si to the same city Hanpo-dong SM5 car at approximately 00 meters.

As a result, the defendant violated the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. Statement on the circumstantial statement of the employee;

1. Previous records: Criminal records, etc., inquiry reports, investigation reports, and copies of summary orders to be attached;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are all recognized, and the punishment shall be determined by taking into account all the sentencing conditions shown in the pleadings of the instant case, such as the number of blood alcohol concentration, driving distance, the frequency and time and interval of the crime, the family relation, age, character and conduct, environment, circumstances of the crime, and circumstances after the crime.

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