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(영문) 인천지방법원 2018.01.10 2017고단8164

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On May 17, 2010, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act by receiving a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on May 17, 201, and a fine of two million won from the same court on October 16, 2015, respectively.

On November 2, 2017, the Defendant driven BM3 car at approximately 200 meters from the front side of the Seocheon-gu Incheon Seo-gu, Seocheon-ro, Seocheon-ro, 416, an original route from the Seocheon-gu, Incheon, Seocheon-gu, to the front side of the 25 U.S., while under the influence of alcohol content 0.064% of alcohol among blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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. In light of the fact that the defendant's reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act, despite having twice the same record as those of the defendant, commits a second offense, the defendant's responsibility is not exceptionally applied.

However, the previous records appear to have been punished by a fine, and the degree of the crime was not serious, and the drinking of this case is low, the defendant's mistake is currently divided in depth, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc. are determined as ordered by taking into account various sentencing conditions as shown in the arguments of this case, such as the defendant's age, sex, environment, motive and means of the crime, and circumstances after the crime.