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(영문) 인천지방법원 2020.02.12 2019고단9464
도로교통법위반(음주운전)
Text

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

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

Reasons

Criminal facts

On February 21, 2019, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court as a crime of violation of the Road Traffic Act.

Although the Defendant had a power of violating the provision on the prohibition of driving under the influence of alcohol, around November 12, 2019, at around 06:58, the Defendant driven a DNA-purt-pured car with a blood alcohol concentration of about 0.069% from the front side of the Nam-gu Incheon Metropolitan City B to the front side of the same Gu C.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of blood alcohol;

1. Previous records of judgment: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (the same type of criminal records);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (to select a fine by taking into account the fact that there is no criminal punishment, in addition to the case where the defendant has been issued a summary order of a fine of KRW 1.5 million for a crime of violating the Road Traffic Act on February 21, 2019);

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (the previous circumstances shall be considered);

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

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

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