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(영문) 인천지방법원 2013.12.23 2013고단4019

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 22, 2011, the Defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. at the Incheon District Court, which became final and conclusive on November 30, 201, and is still still under the suspended sentence period. On January 7, 201, the same court at the same court on January 7, 201, imposed a fine of 4 million won for a violation of the Road Traffic Act, and a fine of 1.5 million won for a violation of the Road Traffic Act on July 27, 2009, and a fine of 70 million won for the same crime at the same court on July 12, 2002, respectively.

On June 26, 2013, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (driving) as above, driven a Chydi vehicle in the state of under the influence of alcohol content of about 0.218% from the 300-meter section of blood alcohol from the front of the restaurant of Gyeyang-gu Incheon Metropolitan City, Gyeyang-gu, Incheon Metropolitan City, to the front of the 20th "Calculationju apartment" in the same area.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial statement;

1. Requests for appraisal of penalty alcohol concentration and response to requests for appraisal;

1. Inquiries, such as criminal records, and the application of each Act and subordinate statutes on criminal investigation reporting;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act regarding criminal facts (to be fined in consideration of extenuating circumstances, such as the fact that, while fulfilling the duty of probation, the duty of probation has been faithfully performed without any absence on one occasion, and that, during the probation period, the duty of probation has not been avoided from committing any other crime except for drinking driving

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