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(영문) 인천지방법원 부천지원 2021.02.23 2020고단4639
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On October 22, 2020, around 00:35, the Defendant driven a F Kaman car in the state of alcohol alcohol concentration of approximately 0.223% from the front of “C” located in Seo-gu Incheon, Seo-gu, Incheon to the front of “E convenience store” located in Kimpo-si D, Kimpo-si.

Summary of Evidence

1. Statement on the circumstances of the driver at the police interrogation protocol to the defendant's legal statement, notification of the results of regulating the driving of alcohol, inquiry into the results of regulating the driving of alcohol, request for appraisal of the register using the alcohol measuring apparatus (0.196%) by the defendant's request for appraisal - seizure and list of the report (0.223% alcohol concentration in blood) detection report (0.223% in blood), list of seizure, verification (Defendant blood), vehicle driver's license register, tea inquiry, respectively, inquiry into mandatory insurance (written request for appraisal of alcohol concentration in blood, response to inquiry about alcohol concentration in blood, request for appraisal of alcohol concentration in blood), and investigation report (applicable to the circumstances of the driver at the State during blood).

1. In light of the pertinent legal provisions on criminal facts, Articles 148-2(3)1 and 44(1) of the Road Traffic Act (the point of drinking), the selection of fines (the blood content of the Defendant’s blood at the time of committing the instant crime was significantly high by 0.223%, and the Defendant actually committed an obvious and obvious act that may cause dangerous accidents, such as crackdown on the police officers dispatched after receiving a report 112 on the remaining roads under the influence of alcohol, etc., in fact, at the time of committing the instant crime, the crime is very poor.

However, the defendant shall be punished by a fine in consideration of the fact that he/she has been sentenced to a fine of KRW 700,000 as a result of a violation of the Road Traffic Act in 199, except that he/she has been sentenced to a fine of KRW 700,000

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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