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(영문) 인천지방법원 2020.11.09 2020고정1404
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

[criminal power] On January 6, 2016, the Defendant was issued a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act in the Changwon District Court’s branch court on January 6, 2016.

【Criminal Facts】

Around 05:20 on January 12, 2020, the Defendant driven an E-motor vehicle while under the influence of alcohol with a level of about 500 meters from the roads of Incheon Bupyeong-gu B, and C Station to the same Gu D and the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of driving before driving;

1. A report on the actual state of the driver;

1. Previous convictions: Inquiry into records of crimes and investigation experience of foreigners, and application of the same Act and subordinate statutes reporting the results thereof;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order has reached the instant crime even though the Defendant had been punished for a drunk driving in the past.

However, in consideration of the fact that the defendant seems to have driven on a new wall in the previous night without completely shouldering the drinking, and the blood alcohol concentration at the time of detection corresponds to the boundary of the punishment standards, the punishment shall be determined like the order.

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