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(영문) 인천지방법원 2021.01.15 2020고정1894
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On March 16, 2020, around 20:55, the Defendant driven D 108cc camba in the state of alcohol while under the influence of alcohol, which is about 0.132% of alcohol level in the 50-meter section from the roads near the calendar in Seo-gu Incheon Metropolitan City to the front road of the same Gu C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of statutes on site photographs;

1. Article 148-2 (3) 2 and Article 44-2 (1) of the Road Traffic Act regarding the crime; Articles 53 and 55-1 (1) 6 of the Criminal Act to reduce the amount of a fine selected for the crime; Articles 53 and 55-2 (1) 6 of the Criminal Act to mitigate the amount of a fine selected for the crime (the following favorable circumstances among the grounds for sentencing);

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

1. Although the sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “The Criminal Procedure Act”) of the Defendant’s blood alcohol level is high for the reason of sentencing, the distance of driving a motor device bicycle is relatively short, and there is no criminal history except that a fine of KRW 100,000 has been imposed due to a violation of the Road Traffic Act around 1988, the elderly, and other conditions of sentencing specified in the instant pleadings, such as the Defendant’s character and behavior, environment, motive, means and consequence of the crime, etc.

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