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(영문) 인천지방법원 2020.11.11 2020고단9163
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

On September 25, 2020, at around 22:15, the Defendant driven an Eeren motor vehicle while under the influence of alcohol leveling 0.254% from the 3km section from the front of the Incheon Gyeyang-gu, Incheon, to the front of the D apartment in Incheon, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to the results of the drinking driving control;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Articles 70 (1) 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. Fines of 10 million won and 20 million won in the scope of punishment by law;

2. The sentencing criteria shall not apply as the range of fines according to the sentencing criteria have been selected.

3. The sentence shall be determined as ordered, comprehensively taking into account all the arguments in the instant case and the sentencing conditions shown in the records, including the numerical value of blood alcohol concentration as indicated in the judgment of sentence, the section of drunk driving, the circumstances leading to the drunk driving, the circumstance leading to the Defendant’s primary offender, etc., such as the Defendant’s age and working environment, the motive and means of committing the crime,

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