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(영문) 인천지방법원 2014.06.09 2014고단1366
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 2, 2013, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Incheon District Court on January 19, 2010.

On January 13, 2014, at around 00:39, the Defendant driven approximately 300 meters from the roads near the main station located in the south-gu, Incheon Metropolitan City, in the state of alcohol of 0.075% of blood alcohol content, B K3 driven approximately 160 meters from the roads near the main station located in the south-gu, Incheon Metropolitan City, to the front of “here traffic” located in 166 of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. A report on the request for appraisal and the detection of a host driver;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports;

1. Relevant Articles 148-2 (1) and 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting a crime.

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of five million won to ten million won;

2. Determination of sentence: The crime of this case is committed within one year after being discovered while driving under the influence of alcohol with a blood alcohol concentration of 0.091% on April 9, 2013, as stated in all the criminal facts in the judgment of the court below, that there is no other criminal history other than the violation of the Road Traffic Act (fluence) and the blood alcohol concentration of this case (fluence).

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