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(영문) 인천지방법원 2019.10.23 2019고단5579
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Criminal facts

On December 19, 2018, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court as a crime of violating the Road Traffic Act.

Although the Defendant had the power of violating the provision on the prohibition of driving under the influence of alcohol, on July 21, 2019, at around 00:14, the Defendant driven an E rocketing car under the influence of alcohol with a blood alcohol concentration of 0.136% from around 20 meters from the front of the C Station in the Namdong-gu Incheon Metropolitan City, Nam-gu, Incheon to the front of D, Nam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of inquiries, such as criminal records, and investigation reports (Attachment to a summary order of the same kind of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act [Selection of a fine by taking into account the fact that the defendant has not been subject to criminal punishment except for those subject to a summary order of a fine of KRW 1.5 million due to a crime of violating the Road Traffic Act on December 19, 2018, and that he/she again has committed an act of not committing such a crime];

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (the previous circumstances shall be considered);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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