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(영문) 인천지방법원 2020.08.14 2020고단3603
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On February 6, 2020, at around 03:04, the Defendant driven D A3 car under the influence of alcohol with approximately 1km alcohol concentration of about 0.123% from the road located in the Bupyeong-gu Incheon Bupyeong-gu, Incheon to the road in front of the “Cmat” in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver and the report on detection of a host driver;

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. The sentencing guidelines are not applicable since the defendant's age and behavior environment, motive and consequence of the crime, circumstances after the crime, etc., including the numerical value of blood alcohol concentration, the distance of drinking driving, and the circumstances leading to drinking driving as indicated in the reasoning of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, and all the kinds of sentencing conditions stated in the arguments of this case and the records are selected

(1) The punishment as ordered shall be determined in comprehensive consideration of each subparagraph.

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