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(영문) 인천지방법원 2017.08.11 2017고단4342

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On April 2, 2012, the Defendant was sentenced to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving), etc. at the Gunsan Branch of the Jeonju District Court on April 2, 2012. On September 28, 2016, the Defendant was sentenced to a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (driving on Drinking) in the support of the Suwon Friwon method.

On May 19, 2017, around 23:25, the Defendant driven a B-learning car under the influence of alcohol concentration of approximately 0.083% from the 100-meter section to the front road of apartment complex, in the 720th century, from the 23:25-dong Incheon Seo-dong Incheon Active Zone.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes on investigation reporting (applicable to the same type of force);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the defendant, during the last five years, has been subject to criminal punishment twice for drinking, once again driving alcohol and has reached this court. Considering the social risk of drinking driving, the defendant's crime needs to be punished heavierly.

However, the defendant shows a serious reflective attitude while recognizing the crime in this court and not reoffending in the future.

The drinking volume is relatively high, and the drinking volume following the previous two times of drinking did not reach a relatively hot level.

There seems to be no way to drive alcohol.