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(영문) 인천지방법원 2020.10.21 2020고단7606
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On May 14, 2013, the defendant was sentenced to a fine of one million won by the Incheon District Court as a crime of violation of the Road Traffic Act.

On July 9, 2020, the Defendant driven a FMW car under the influence of alcohol 0.145% alcohol concentration from the upper corner of the C cafeteria located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu to the upper street of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on detection of the driver, and report on the actual status of the driver;

1. Previous records of judgment: Application of inquiry reports and investigation reports (Attachment to the same kind of crime and summary order), including criminal records, etc.;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, and the selection of fines [Consideration of the details and circumstances of the crime of this case, the driving distance is not relatively long, and the degree of blood alcohol level and the absence of previous conviction exceeding a fine];

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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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