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(영문) 인천지방법원 2020.08.21 2019고정2594
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

At around 22:00 on October 11, 2018, the Defendant driven a B-to-purd vehicle from the Incheon Jung-gu Airport New Airport to approximately 300 meters in front of the same Gu 2818 Open-dong from the Jung-gu Airport to the front of the same 2818 Open-gu Airport.

Summary of Evidence

1. Application of Acts and subordinate statutes to the report on the circumstantial statement of a drinking driver, the results of the drinking driving control, and the written appraisal of alcohol;

1. Unless a public prosecution has been instituted under Article 148-2 (2) 2 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; hereinafter the same shall apply), the same shall apply as above in accordance with the applicable provisions of indictment, unless applicable provisions of the indictment are stated in the indictment.

(See Supreme Court Decision 2019Do4608 Decided June 13, 2019). Articles 44(1) and 44(1) of the Act, and the choice of fines

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

1. The crime of drinking alcohol driving with the reason for sentencing under Article 334(1) of the Criminal Procedure Act requires a strict punishment as well as the offender’s life and body. The Defendant has the records of having been punished for the same kind of crime. The Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all other circumstances constituting the conditions for sentencing as shown in the arguments and records, including the circumstances after the crime, shall be determined as ordered by the order.

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