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(영문) 인천지방법원부천지원 2020.11.05 2020고단1067
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On March 8, 2016, the Defendant received a summary order of KRW 1,500,000 from the Seoul Southern District Court for a fine for a violation of the Road Traffic Act.

On February 15, 2020, at around 06:50 on February 15, 2020, the Defendant: (a) driven an EMW car with a blood alcohol concentration of about 0.057% in the direction of approximately 400 meters from the front to Ddong, Kimpo-si, Kimpo-si, and violated the duty of prohibiting driving under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. An accident site photograph;

1. Previous records: Application of criminal records, etc. and other 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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are all recognized; the fact that an accident occurred in the course of parking after returning home due to the substitute driving is discovered; the numerical value of blood alcohol level; driving distance; the frequency and time interval of punishment for the same kind of crime; the family relation, age, character and conduct, environment; the background of the crime; and the circumstances after the crime, etc., all of the sentencing conditions shown in the arguments of this case shall be determined.

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