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(영문) 인천지방법원 2021.03.25 2020고단10357
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 history] On February 11, 2010, the Defendant was issued a summary order of KRW 800,000 as a crime of violating the Road Traffic Act (drinking) by the Incheon District Court.

[2] On October 31, 2020, the Defendant, while under the influence of alcohol at around 07:57% of the blood alcohol level, driven Bone Star Corscopon on the section of approximately 2.4 kilometers from the new medium-dong parking lot located mainly in the 314-si in Bupyeong-si to the road located mainly in Seocheon-si 69-si.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver driving a drinking, report on the circumstances of a driver driving a drinking and report on the results of regulating drinking;

1. Previous convictions: References to inquiries, such as criminal history, and application of the same criminal history statute;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Articles 53 and 55(1)6 of the Criminal Act for mitigation of amount (see, e.g., Supreme Court Decision 53 and 55(1)6 of the Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 2, 2

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

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

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