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(영문) 인천지방법원 2020.01.15 2019고단8015
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

Criminal facts

On November 26, 2013, the Defendant was issued a summary order of KRW 1,50,000 by the Daegu District Court as a crime of violation of the Road Traffic Act.

Although the Defendant had the power of violating the provision on prohibition of driving under the influence of alcohol, around 05:00 on November 10, 2019, the Defendant driven a B car under the influence of alcohol with a blood alcohol concentration of about 0.058% at a section of about 100 meters from the front of a mutually influent restaurant located in Seo-gu Incheon Metropolitan City, Seo-gu to the long distance of the bank cartels located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports, and statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (excluding the case where the defendant has been issued a summary order of a fine of KRW 1.5 million for a crime of violating the Road Traffic Act on November 26, 2013, no criminal punishment has been imposed for a crime of violating the Road Traffic Act except for the case where the defendant has been issued a fine of KRW 1.5 million for a crime of violating the Road Traffic Act on November 26, 2013

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (the previous circumstances shall be considered);

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

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

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