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(영문) 인천지방법원 2020.02.19 2019고단9570
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

[Criminal Power] On April 27, 2015, the Defendant received 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 14, 2019, at around 23:43, the Defendant driven a C-Korean cruise car under the influence of alcohol of about 5k alcohol concentration of about 0.070% from the 5km section from the Nam-gu Incheon Metropolitan City B apartment to the 584 Michuhol-gu, Michuhol-gu, Incheon Metropolitan City, to the front road of the Dohobu Office.

As a result, the defendant had already been punished for a drunk driving, but he again passed a drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of previous convictions) and application of Acts and subordinate statutes of summary order attached thereto;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflectiveness, previous records of driving under influence prior to about four years, low drinking level, this case’s drinking level was not high, and the fact that there was no other penalty force than a fine once);

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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