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(영문) 인천지방법원 부천지원 2014.06.11 2014고단737

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

On March 12, 2012, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act in the Incheon District Court's Busan Branch Branch on March 12, 2012, and on January 30, 2013, the Defendant was sentenced to a suspended sentence of 10 months by imprisonment with labor for a violation of the Road Traffic Act (driving) and two years by the same court.

2. 7. The sentence becomes final and conclusive and is still under suspended execution.

On March 12, 2014, at around 01:30, the Defendant driven a Dnish-gu car under the influence of alcohol concentration of 0.178%, while under the influence of alcohol content, at around 01:49, the same day on the front day of the influent road of the Songcheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of prosecutorial statement concerning E;

1. Report on driving a driver, report on the status of driving a driver, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment, etc.);

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the defendant is still under the suspension of execution, needs to be punished by severe punishment, such as recommitting the instant crime, but considering the reflective nature, etc., the defendant is selected to grant a fine at a time only once, taking into account the following factors: the defendant’s age, character and conduct, home environment, and circumstances after the crime, etc., and the punishment as ordered shall be determined by taking into account all the circumstances