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(영문) 인천지방법원 2020.05.04 2020고단1132
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 July 7, 2010, the Defendant issued a summary order of KRW 1.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

Criminal facts

On 00:00 on 24, 2020, the Defendant driven a D low-water car at approximately 50 meters away from the roads of the Seo-gu Incheon Cheongan International City to the roads of the C Hospital located in Seo-gu Incheon, Seo-gu to the roads of the C Hospital located in Seo-gu, Incheon, while under the influence of alcohol content of about 0.092%.

As a result, the defendant, despite the fact that he violated the prohibition of drunk driving under the Road Traffic Act, was driving a motor vehicle again while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement of the employer and the written expert report of the employer;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act of the choice of punishment, the selection of fines [Consideration of the fact that there are no criminal records other than the content and circumstances of the crime of this case, blood alcohol concentration, and the record of the crime of this case, and that there is no other criminal records other than the same criminal records, and that it would not drive under the influence of alcohol again against

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

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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