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(영문) 인천지방법원 2020.09.23 2020고단5998
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

On January 22, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for the violation of the Road Traffic Act in the Ansan District Court Support on January 22, 2009.

Criminal facts

At around 22:00 on June 13, 2020, the Defendant, while drunk with blood alcohol concentration of 0.104%, driven the E Cost Engine from approximately 5 kilometers from the Namdong-gu Incheon to the front intersection of “D” located in the Namdong-gu Incheon Metropolitan City, Nam-gu C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of the same criminal records;

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, blood alcohol concentration, criminal records, etc.);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (Taking into account the fact that there is no previous conviction exceeding the penalty of a fine and the health, etc. of defendants);

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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