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(영문) 인천지방법원 2017.07.13 2017고단3761

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] On August 23, 2013, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 4 million as a crime of violating the Road Traffic Act at the Incheon District Court on February 19, 2016.

[2] On April 13, 2017, at around 03:49, the Defendant driven a B car under the influence of alcohol concentration of approximately 0.074% from a section of about 200 meters to the road front of the 45-ro, Bupyeong-gu, Incheon, Bupyeong-gu funeral, Incheon, while driving the B car under the influence of alcohol concentration of about 0.074%.

Therefore, even though the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice, he again driven a motor vehicle under the influence of alcohol in violation of the relevant provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking alcohol and report on the situation of driving of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification twice the past record of the punishment of the same kind);

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act, the selection of fines (in the case of a violation, the drinking volume does not exceed 0.1%, and the fact that there is no criminal record exceeding the fine, etc.);

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;