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(영문) 인천지방법원 2016.07.14 2016고단2907

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

피고인은 2016. 5. 14. 00:33 경 혈 중 알콜 농도 0.096% 의 술에 취한 상태에서 B 무쏘 승용차를 운전하여 인천 중구 율목동 ‘ 황제 닭곰탕’ 음식 점 앞 도로에서부터 같은 구 신흥동 ‘ 씨 펠 리스’ 앞 도로에 이르기까지 2km 가량을 진행하였다.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to inquire about crackdown on drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) (excluding punishment) 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 on December 10, 2014, the defendant was sentenced to imprisonment on December 10, 2014 to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Risk or Injury caused by Death) and the violation of the Road Traffic Act, and the crime of this case where driving under the influence of alcohol is under suspension of execution after being sentenced to 8 months of suspension of execution, and 2 years of suspension of execution, but the crime of this case was not committed. However, although the defendant was under suspension of execution after hearing the speech that he was retired from his work at the work place, he could not have a substitute driver because he was under suspension of driving under the influence of alcohol, but it seems that he was under suspension of driving under the influence of alcohol due to misunderstanding that he did not meet the standards for regulating driving under the influence of alcohol, due to the fact that he did not reach the level of drinking and the amount of drinking under the influence of other traffic-related statutes, his late or late pening himself, his age and health conditions other than the crime of this case.