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(영문) 인천지방법원 2020.06.03 2020고단2034
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 October 14, 2011, the Defendant issued a summary order of a fine of two million won at the Incheon District Court for the crime of violation of the Road Traffic Act, and on November 8, 2011, the above summary order became final and conclusive.

On February 28, 2020, at around 00:30, the Defendant driven Cschnton car with approximately 0.175% of alcohol concentration from the 10km section to the front of the Seo-gu Incheon, Seo-gu, Incheon.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Consent to blood collection, written confirmation, and written verification of blood alcohol;

1. Records before judgment: Application of inquiry reports and investigation reports (report on the same kind of power and attachment of summary order), including criminal records, etc.;

1. Relevant legal provisions concerning the crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, the selection of fines (to consider the details and circumstances of the crime of this case, the degree of blood alcohol alcohol, and the absence of previous conviction exceeding the fine, etc.);

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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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