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(영문) 인천지방법원 2021.01.25 2020고단9999
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

On January 25, 2007, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) by the Incheon District Court on January 25, 2007, and on June 26, 2007, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (drinking refusal to measure drinking) by the same court.

Criminal facts

On October 27, 2020, the Defendant driven a FMW 530i car from the section of approximately 18 kilometers from the “C University Underground Parking Lot” located in Mapo-gu Seoul Metropolitan Government to the front road of “E” located in Bupyeong-gu Incheon Metropolitan City, with alcohol level of 0.13% during blood transfusion around 23:15.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of crime, text of judgment, etc.);

1. Relevant legal provisions and Articles 148-2 (1) and 44-2 (1) of the Road Traffic Act concerning the crime of this case, the selection of fines (Considering the details and details of the crime of this case, the degree of alcohol in blood, the occupation of the defendant, the history of the crime, etc.);

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

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

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