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(영문) 인천지방법원 2020.01.16 2019고단7844
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On March 25, 2014, the Defendant was issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act in the Ansan District Court's Ansan Branch on March 25, 2014.

【Criminal Facts】

On October 24, 2019, at around 18:30 on October 24, 2019, the Defendant driven a Cbea cruise car with a blood alcohol concentration of 0.13% under the influence of alcohol at a restaurant parking lot near the Incheon Cheongjin-gun B market.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The circumstances are favorable to the defendant, such as the following: (a) the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of punishment for drunk driving; (b) the measured drinking alcohol level was considerably high; (c) the defendant is disadvantageous to the defendant; (d) the distance of driving is very short; and (e) the driving distance is deemed to have no intention to leave the parking lot to the road; and (e) the fact that there

In addition to the above circumstances, the sentence shall be determined as per Disposition by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.

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