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(영문) 인천지방법원 2020.05.04 2020고단102
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On May 30, 2016, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the Incheon District Court.

Criminal facts

On December 12, 2019, at around 00:24, the Defendant driven a cmari vehicle with a alcohol level of about 0.152% under the influence of alcohol in the 5km section from around 00:0,00 to the front road of 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 statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records: Application of criminal records, investigation reports (former records, confirmation, and attachment of summary order) and 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 (to consider the content and circumstances of the crime of this case, degree of blood alcohol alcohol, and the fact that the defendant does not have any other criminal record except for the records of punishment with the above criminal records, and to the effect that he/she would not drive under the influence of alcohol again, contrary to his/her mistake and again

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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