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(영문) 인천지방법원 2021.01.25 2020고단9846
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[criminal history] On October 1, 2008, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court for a crime of violating the Road Traffic Act (drinking driving).

[2] On October 16, 2020, at around 22:55, the Defendant driven a DNA car with approximately 800 meters alcohol concentration 0.117% while under the influence of alcohol at around 800 meters from the front road of Bupyeong-gu Incheon Metropolitan City to the front road of Bupyeong-gu Incheon Metropolitan City.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes attached to inquiries, such as a response to inquiries, drinking driving, etc., such as criminal history;

1. Relevant provisions of the Act and Articles 148-2(1) and 44(1) of the Road Traffic Act concerning the crime of this case, the selection of fines (to take into account the details and circumstances of the crime of this case, degree of alcohol alcohol in blood, the criminal records of the defendant, etc.);

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the same Act (Article 53 of the Criminal Act shall apply to the cases where there is no previous conviction

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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