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(영문) 인천지방법원 2020.09.09 2020고단5868
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On August 13, 2014, the defendant is a person who has been issued a summary order of KRW 5 million by the Incheon District Court for a crime of violation of the Road Traffic Act.

Criminal facts

Around 19:00 on June 1, 2020, the Defendant was under the influence of alcohol of 0.142% of blood alcohol concentration, and the Defendant was driving a d bargaining car from approximately five meters from the Incheon Gyeyang-gu B apartment Cdong parking lot to the front road of the same apartment guard room.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement of the police statement of the defendant E in court;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry inquiry reports, criminal records of the same kind, application of statutes attached to judgment;

1. Relevant provisions of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the selection of fines for the crime of this case (Consideration of the details and circumstances of the crime of this case, the blood alcohol concentration, the criminal records of the accused, etc.);

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., the fact that a person drives a street not along which he/she has driven, or is going against his/her mistake and is going not to drive a drinking again);

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

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

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