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(영문) 인천지방법원 2019.05.01 2019고단1714
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[criminal power] On October 15, 2009, the Defendant received a summary order of KRW 500,000 from the Incheon District Court to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act, and on March 23, 2012, the same court received a summary order of KRW 5 million as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On November 27, 2018, at around 10:55, the Defendant driven a DNA cargo vehicle under the influence of alcohol concentration of about 0.066% from the 1km section from the front of his office located in Michuhol-gu Incheon Metropolitan City, to the northwest of the same Si/Gu C market.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Before ruling: The application of criminal records and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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 (the previous crime of drunk driving was conducted before a considerable time, the previous crime of drunk driving was driven before a less time, and the previous crime of drunk driving was driven under a less condition than the previous one, taking into account the fact that the level of drinking alcohol is not high);

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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