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(영문) 인천지방법원부천지원 2020.09.17 2020고단2306
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On November 28, 2013, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Busan Branch Branch.

On June 5, 2020, at around 11:20, the Defendant driven a DNA car with a blood alcohol concentration of about 0.063% while under the influence of alcohol from about 4km to the roads in front of the same city C village.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Report of the defendant's legal statement, the result of the regulation of drinking driving, the report on the state of drinking driving, the report on the state of drinking driving, and the inquiry into the results of the regulation of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of a summary order-order Act and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the selection of fines (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 driving of the previous motor vehicle, the power exceeding the fine, and the fact that there has been no recent criminal records, and taking into account drinking

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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