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(영문) 인천지방법원 2014.06.19 2014고단2707
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

[criminal power] On April 28, 2010, the Defendant issued a summary order of KRW 2 million from the Incheon District Court to the Incheon District Court as a crime of violation of the Road Traffic Act, etc., and the summary order of KRW 2 million from the Incheon District Court to the same crime on December 13, 2013, respectively.

【Criminal Facts】

On March 29, 2014, at around 00:19, the Defendant driven CK (K) 7 automobiles with a blood alcohol concentration of about 0.243% in the section of about 3km from the front of the cafeteria of “Maggjin Gan” in Yeonsu-gu Incheon, Yeonsu-gu, Incheon to the front of the cafeteria of “Magjin Gan” restaurant located in Yeonsu-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Report on the results of crackdown on drinking driving, report on the circumstantial statement of a drinking driver, report on the request for appraisal, and report on the detection of a drinking driver;

1. Previous records: Criminal records, inquiry reports, investigation reports (verification of suspect drinking records, and related judgments attached thereto); and the application of statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense.

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of five million won to ten million won;

2. Determination of sentence: The fact that there is no criminal record of the suspension of execution of a fine not exceeding 7 million won [fluored circumstances], the sale of a motor vehicle, the reflectivity of a criminal defendant, and the fact that there is no other criminal record other than a drunk driving [fluoring circumstances] high blood alcohol concentration, and the repetition of drinking

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