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(영문) 인천지방법원부천지원 2020.10.30 2020고정664
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On July 24, 2020: (a) around 00:16, the Defendant driven a motor vehicle with Down alcohol level of approximately 0.128% in the 1km section from the road near the New East Station located in Seocheon-si, Seocheon-si, to the roads front of Seocheon-si B apartment Cdong.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's protocol E of suspect interrogation to the defendant's legal statement, such as the statement of the situation of the driver, the report on the driving of a drinking house, the notification of the results of drinking driving control, the report on the actual traffic accident in the usage register of a drinking measuring instrument, the on-site and the register of driver's licenses for vehicle accidents, and the investigation report on accidents committed by the defendant on each occasion

1. In light of the following facts: (a) the relevant criminal facts: (b) Articles 148-2(3)2 and 44(1) of the Road Traffic Act; (c) the selection of fines (the blood alcohol concentration at the time of the instant crime is higher than 0.128%; and (c) the Defendant was in fact causing a traffic accident by driving under the influence of alcohol; (d) the quality of the crime is bad; (c) the Defendant is an initial offender without any previous criminal record; (c) the Defendant is an unhuman injury caused by the instant traffic accident; (d) the traffic accident is punished by a fine in consideration of the fact that the negligence of the damaged vehicle is also significantly contributed to the yellow signal; and (e) the amount of fines shall be determined).

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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