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(영문) 인천지방법원 2020.01.08 2019고단8016
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On July 20, 2012, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Incheon District Court on July 20, 2012. On November 8, 2019, the Defendant driven Epoter cargo under the influence of alcohol concentration of approximately 0.050% in the section of approximately 6km from the front of Seo-gu Incheon Seo-gu Blllle to the front of the oil station located in the same Gu C from November 8, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records: Application of the Acts and subordinate statutes of inquiry reports and investigation reports (Attachment to a copy of a summary order);

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., reflectiveness, previous records of driving under influence prior to about seven years, so-called "passive driving" constitutes so-called "passive driving," and considering the fact that drinking is low);

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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