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(영문) 인천지방법원 2020.05.20 2020고정379
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 November 8, 2019, at around 09:30, the Defendant driven a DFyst or other car under the influence of alcohol by 0.122% from the section of approximately 5km of blood alcohol level from around 5km to the point of 2.6 km of the 2nd-dong, Michuhol-gu, Incheon, Jung-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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

1. In full view of the following conditions of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence shall be determined as ordered by taking into account the following conditions of sentencing, including the Defendant’s age, character and conduct, health conditions, motive and attitude of the crime, and the circumstances after the crime.

Unfavorable circumstances: The degree of blood alcohol level at the time of driving is not low, and the conditions favorable to the fact that the contact with the front vehicle was caused by the drunk driving: The fact that there is no record of criminal punishment except for the crime of this case.

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