beta
(영문) 인천지방법원 2017.08.16 2017고단142

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

On July 31, 2016, the Defendant driving a B low-priced car under the influence of alcohol content of 0.177% during blood at around 19:10 on July 31, 2016, and from the southwest-gu Incheon, Seo-gu, Seo-gu, Incheon, the Defendant’s front side of the elementary school.

Ro-ro 61, 132 New Dong-dong apartment 26, followed up to the front side of the 8km road.

Summary of Evidence

1. Statement by the defendant in court (the fifth public trial date);

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

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 2 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 Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though he had the criminal record of the same kind of crime, is not less than the nature of the crime in this case where he drives a vehicle under the influence of alcohol once. However, the Defendant’s punishment is determined as above by taking into account the following circumstances, i.e., the Defendant’s age, sexual behavior, occupation, environment, family relationship, etc., where the accuracy of the result of drinking alcohol test in the course of investigation and public trial was raised once and later later, the charge in this case was delayed, and there was no violation of other traffic-related Acts and subordinate statutes; the Defendant’s mistake was divided later; and the Defendant’s age, sexual behavior, occupation, family relation, etc.