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(영문) 인천지방법원 2020.11.30 2020고단7901
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On November 3, 2016, the Defendant issued a summary order of KRW 2 million at the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 11, 2020, the Defendant was under the influence of alcohol of 0.175% on blood alcohol level at around 08:49, the Defendant driven Bra-car at the section of approximately 7.5 km from the border of the National Medical Center of Mapo-gu, Seoul, to the river located in the 245-ro, Jung-gu, Seoul, the area near the National Medical Center of the Republic of Korea to the river located in the 138-dong, Mapo-gu, Mapo-gu, Seoul.

Summary of Evidence

1. Statement of the defendant's statutory statement, circumstantial statement, and statement of 112 reported matters as a result of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report attached to the same type of power), and application of Acts and subordinate statutes of the summary order attached thereto;

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act under Article 334(1) of the Provisional Payment Order include the confession of the defendant, the records of the same crime of the defendant, the degree of blood alcohol level, the background and distance of driving, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions shown in the arguments of the case, such as the circumstances after the crime, etc.

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