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(영문) 인천지방법원 부천지원 2020.06.04 2019고단3965
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On August 31, 2012, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act (driving) from the Incheon District Court.

On November 12, 2019, at around 05:38, the Defendant driven a compliance car on the ground of C’s breath of alcohol level of about 0.054%, while under the influence of alcohol level of about 1k in front of the Seocheon-si, Incheon.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Records before judgment: Application of inquiry reports, such as criminal records, amounts of dispositions, and reporting Acts and subordinate statutes;

1. Relevant Article 144-2 (1) and Article 44-2 (1) of the Road Traffic Act, the choice of penalty for the crime, and the selection of fines;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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 numerical value of blood alcohol content, driving distance, the frequency and time of punishment for the same kind of crime, the contents and interval of the crime, other age, character and behavior, environment, circumstances of the crime, and circumstances after the crime.

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