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(영문) 인천지방법원부천지원 2020.12.03 2020고단1445
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 6, 2010, the Defendant received a summary order of KRW 1,500,00 from the Incheon District Court's Busan District Court as a crime of violation of the Road Traffic Act.

On March 31, 2020, the Defendant: (a) on March 31, 2020, around 23:28, the Defendant, while driving a DNA cruise car with approximately 0.05% alcohol level at approximately 0.05% under the influence of alcohol level from the Do in front of the Do in the same city to the front of the Do in the same city, violated the Defendant’s duty not to drive under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Report on the circumstances of an employee;

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes of one 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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are all recognized, and the punishment shall be determined by taking into account all the sentencing conditions shown in the pleadings of the instant case, such as the number of blood alcohol concentration, driving distance, the frequency and time and interval of the crime, the family relation, age, character and conduct, environment, circumstances of the crime, and circumstances after the crime.

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