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(영문) 인천지방법원 2017.09.20 2017고단5104

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 8, 2017, at around 21:42, the Defendant driven a Crane car under the influence of alcohol content of about 0.246% from the 300-meter section from the 1st floor parking lot of the underground level to the 164th floor of the same new transmission line from the 1st floor to the 164th road of the same new transmission line, the Defendant driven a Crane car under the influence of alcohol content of about 50 percent from the 300-meter section to the 164th road of the same new transmission line.1)

The phrase “k5 boarding cars” as stated in the written indictment is obvious that it is a clerical error, so it shall be corrected as above.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a response to a request for appraisal and a report on detection of a primary driver;

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

1. In light of the fact that the defendant had the same record as the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which led to recidivism, and that the drinking level of this case is high, the defendant's responsibility is not easy.

However, the power above is not punished once as a fine, and it is not recent. The degree of measurement of the pulmon of this case is 0.101% lower than the result of blood appraisal, the defendant is breaking his depth, and it seems somewhat harsh that the defendant would be at a disadvantage in his workplace due to the instant case, and the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc. are determined as ordered by the order, taking into account various sentencing conditions as shown in the instant pleadings, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.