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(영문) 인천지방법원 2012.12.26 2012고합1337
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 29, 2012, around 23:40 on December 29, 2012, the Defendant driven a vehicle from around 4km to the Nam-gu Incheon Metropolitan City Drawing and ImplandIC at approximately 0.213% of blood alcohol level from around 23:40 to the Nam-gu Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A written report on his/her driver;

1. The application of Acts and subordinate statutes governing blood alcohol appraisal;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

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

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

1. Although the main reason for sentencing under Article 334(1) of the Criminal Procedure Act is weighted, a sentence shall be imposed by reducing the amount of fine already notified in the initial summary order by taking into account the following factors: (a) a person who has no previous criminal record and reflects his/her mistake in depth; (b) a person with a congenital physical disability is a physically handicapped person; and (c) an economic situation is difficult.

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