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(영문) 인천지방법원 2020.01.22 2019고단8693
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 January 15, 2018, the defendant was issued a summary order of a fine of three million won by the Incheon District Court for a crime of violation of the Road Traffic Act.

On November 17, 2019, around 05:30 on November 17, 2019, the Defendant driven D 2 truck under the influence of alcohol concentration of about 0.047% from the 3km section from around the house of the Defendant to the front of the Incheon Michuhol-gu C building.

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. Making a report on the control of drinking driving;

1. Previous record: Criminal records, confirmation of the same record and application of Acts and subordinate statutes of a summary order attached thereto;

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 and so-called “permissible driving,” and considering the fact that drinking is low);

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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