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(영문) 인천지방법원부천지원 2020.10.08 2020고단3255
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[criminal power] On December 19, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court.

【Criminal Facts】

On August 5, 2020, at around 22:35, the Defendant driven a Fran vehicle under the influence of alcohol with approximately 1.5km alcohol concentration of about 0.053% from the front and front of the C History in Kimpo-si B to the front and front of the E convenience store located in Kimpo-si D, Kimpo-si.

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

Summary of Evidence

1. Defendant’s legal statement, report on the state of his driver, report on the state of his will, investigation report (report on the state of his will), and inquiry into the records of the crackdown on drinking driving;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of a fine (including the fact that the defendant recognizes the crime of this case and reflects the fact that the defendant recognizes the crime of this case, the time interval with the previous driving of alcohol, the taking of drinking alcohol, and the fact that the defendant has no other force than a fine once, etc.);

1. Discretionary mitigation of fines under Articles 53 and 55 (1) 3 of the Criminal Act ( repeatedly considered the grounds for choosing a fine);

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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