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(영문) 인천지방법원 2018.02.19 2017고단8950

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 June 28, 2013, the Defendant issued a summary order of a fine of KRW 6 million in the Incheon District Court due to a violation of the Road Traffic Act (drinking driving), and a summary order of KRW 2 million in the same court on July 20, 2015, which issued a fine of KRW 2 million in the same court on the same day, on at least two occasions.

Nevertheless, around 02:05 on November 10, 2017, the Defendant proceeded with approximately five meters within the parking lot for the police box, which is located in the Namdong-gu Incheon Metropolitan City, Namdong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

1. Previous convictions: References to inquiries, investigation reports (the previous convictions and reports), and copies of summary orders attached thereto; and

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

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 is not good when the defendant drives a motor vehicle under the influence of alcohol, even though he had the records of the same kind of crime. However, the defendant is sentenced to the above punishment by taking into account the following circumstances: (a) the defendant, while drinking alcohol and staying home through a substitute driver, visited a nearby police unit due to a dispute with a substitute driver; (b) the judgment was made; and (c) it seems that intensive treatment is required upon the judgment of the liver; (d) the driving distance was short; (c) the driving distance did not reach a violation of other traffic-related Acts and subordinate statutes; (d) his mistake was divided; and (e) the defendant's age, sex, occupation, environment, family relations, etc. were taken into account; and (e) the sentence is determined as above.