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(영문) 인천지방법원 2021.03.24 2020고단10131
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On January 31, 2013, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) by the Incheon District Court.

Criminal facts

On November 13, 2020, the Defendant driven a CSpo-type car at approximately 5km from the vicinity of the Southern-gu Hopo-gu Ho-gu, Incheon to the front of the same Gu while under the influence of alcohol content of 0.128% among blood transfusion around 02:31, 2020.

As a result, the defendant was sentenced to criminal punishment due to drinking, but was driving again.

Summary of Evidence

1. A protocol concerning the examination of suspect of the defendant who has made a statement in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of a selective fine (Consideration of defendant's records of drinking driving, etc.);

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

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