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(영문) 인천지방법원 2020.01.13 2019고단8379
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

[Criminal Power] On September 19, 2012, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Suwon District Court on September 19, 2012

【Criminal Facts】

On November 14, 2019, at around 23:45, the Defendant driven C Poter cargo while under the influence of alcohol concentration of 0.05% on the front of Bupyeong-gu Incheon Bupyeong-gu B.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the status of the driver, and an investigation report (the report on the status of the driver);

1. Inquiry report on criminal records, confirmation of criminal records of the same kind, and application of Acts and subordinate statutes of a copy of summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment recognizes the crime of this case and reflects it. The defendant has no record of being punished for drunk driving other than a fine of one million won due to the violation of the Road Traffic Act of seven years prior to the fact that he/she is repaying his/her obligation upon obtaining a decision of recovery of credit; the defendant's blood alcohol concentration (0.05%); the distance and course of enforcement; the defendant's age, character and conduct, environment; the motive and circumstance of the crime of this case; the means and method of the crime of this case; and the circumstances after the crime, etc., shall be comprehensively considered and determined the sentence like the order.

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