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(영문) 인천지방법원 2020.09.09 2020고단5438
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On September 6, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

On June 11, 2020, at around 23:38, the Defendant driven a EMW 520d vehicle under the influence of alcohol leveling 0.118% from the 10-meter section from the C Station located in B to the front road of D building, despite the fact that the Defendant violated the prohibition of drinking driving, at around June 11, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records: Application of criminal records, etc. and investigation reports (applicable to sound driving records and summary orders);

1. Relevant provisions of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the selection of fines for the crime of this case (Consideration of the details and circumstances of the crime of this case, the blood alcohol concentration, the criminal records of the accused, etc.);

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., the fact that a person drives a motor vehicle in a relatively not long distance to move at the request of a delivery, and is going against his/her mistake and is going to not to drive a motor vehicle again);

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

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

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