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(영문) 인천지방법원 2020.02.05 2019고단9073
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On November 11, 2016, the defendant was issued a summary order of one million won or more as a crime of violating the Road Traffic Act in the Daejeon District Court's collegiate Branch on November 1, 2016.

On December 6, 2019, at around 04:45, the Defendant driven a horse with C-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. Previous record: Application of a copy of criminal records and summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflectiveness, the amount of drinking alcohol is not high, the previous records of driving alcohol are limited to one time before about three years, the amount of drinking alcohol is low, and the disposal of vehicles is taken into account);

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

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

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