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(영문) 인천지방법원 2020.11.30 2020고단7993
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

On November 28, 2014, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Changwon District Court's smuggling support on November 28, 2014.

Criminal facts

On July 15, 2020, the Defendant was under the influence of alcohol level of 0.085% on blood alcohol level around 17:00 on July 15, 2020, and was driving a DNA car from around 200 meters from the front of the Michuhol-gu Incheon City to the front of the Michuhol-gu Incheon Metropolitan City.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the results of the drinking driving control, Emact video data, the appraisal request table, investigation report (applicable case with the mark), and the Badmark automatic calculation formula;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of the same criminal records;

1. Relevant legal provisions concerning the crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, the selection of a fine (the defendant shall take into account the details and circumstances of the crime in this case committed by the reported person after drinking together, the degree of blood alcohol concentration, the criminal records of the defendant, etc., even though he knows that the reported person is found guilty of parking problems while driving alcohol after drinking alcohol and driving alcohol);

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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