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(영문) 인천지방법원 2021.03.31 2021고단45
도로교통법위반(음주운전)
Text

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

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal history] On December 16, 2015, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking) from the Incheon District Court.

[Criminal facts] On November 4, 2020, around 19:28, the Defendant driven C truck with alcohol level of about 0.188% in blood alcohol level at approximately 15km from the street in the vicinity of Gangseo-gu Seoul Metropolitan City to the front street in Incheon Gyeyang-gu.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on driving alcohol and investigation report (the evidence list No. 6);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Evidence List No. 19) statute;

1. Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of an alternative fine (the punishment shall be imposed as a fine by examining the past record of the same type of crime (one-time penalty), alcohol concentration during the blood transfusion, the status of property, etc.);

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

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