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(영문) 인천지방법원 2020.08.19 2020고단5053
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On March 21, 2016, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) from the Incheon District Court.

1. Around 11:17 January 25, 2020, the Defendant driven a B K5 vehicle while under the influence of alcohol, which is about 0.142% of blood alcohol concentration, from the 8km section of Gyeyang-gu Incheon, Gyeyang-gu to Seopo JC.

2. The Defendant attempted to damage public goods on January 25, 2020, at around 11:40, at the parking lot of the Incheon National Police Agency, Incheon National Expressway 17 Korea Highway Corporation, the Defendant attempted to sell the public goods only once, with a loss prior to the patrol car of the Incheon National Police Agency, but did not damage the goods.

Summary of Evidence

1. The police's statement of the defendant C in court;

1. Visual driver’s circumstantial statement, image closure photographs;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes attached to summary orders;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, Articles 143 and 141 (1) of the Criminal Act (in addition to summary order once, the defendant has not committed a violation of the Road Traffic Act (driving) in addition to summary order once in 2016, and in the case of the crime damaging public goods, the defendant shall be punished by a fine in consideration

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;

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