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(영문) 인천지방법원 2020.01.29 2019고단8296
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

Criminal facts

On November 30, 2015, the Defendant was issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Branch Branch.

Although the Defendant had the power of violating the provision on the prohibition of driving under the influence of alcohol, around 22:44 October 30, 2019, the Defendant driven a bwing-III cargo vehicle with approximately 50 meters alcohol level of 0.141% under the influence of alcohol level at approximately 0.141% from the front of the town station located in 26, Jung-gu, Incheon, the White-ro 59-gil, Jung-gu, Incheon, to the front road of the Young Library, located in 85, as provided in the former Enforcement Decree.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to the request for appraisal;

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

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act [Selection of a fine in consideration of the fact that the defendant has not received a summary order of a fine of one million won for a crime of violating the Road Traffic Act on November 30, 2015, except for the case where the defendant has been issued a fine of one million won due to the crime of violating the Road Traffic Act on November 30, 2015]

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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