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(영문) 인천지방법원 2020.04.29 2019고단9167
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[criminal power] On February 16, 2009, at the Incheon District Court, the Defendant issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and on May 29, 2014, the same court issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On November 9, 2019, at around 05:32, the Defendant driven a DNA vehicle with blood alcohol concentration of 0.047% in the 4km section from the Bupyeong-gu Incheon Bupyeong-gu B apartment parking lot to the front route of the Bupyeong-gu Incheon Bupyeong-gu C apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the regulation of drinking driving;

1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (report accompanied by a summary order) Acts and subordinate statutes;

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. 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 of the provisional payment order reflects the defendant's mistake while recognizing the crime, the criminal records of the defendant's like crime, the degree of blood alcohol concentration of the drinking driving of this case, the background and distance of driving, the age, character and conduct, environment, motive, means and consequence of the crime, and all the conditions for sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.

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