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(영문) 인천지방법원 부천지원 2016.03.23 2016고단266

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[criminal record] On October 28, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law in the Busan District Court's Busan District Court's Branch branch on July 17, 2009, and was issued a summary order of KRW 2.5 million for the same crime at the Seoul District Court's Central District Court on July 17, 2009, and on May 29, 2012, the Defendant was issued a summary order of KRW 5 million for the same crime at the Seoul Southern District Court's Southern District Court.

[2] On January 12, 2016, the Defendant driven B rocketing car under the influence of alcohol content of about 10 meters from around 23:10 to around 17:0,000 to around 17:0,000 to around 265, as in front of the restaurant in which it is impossible to find out the trade name in the upper Dong-gu, Seocheon-si, Seocheon-si.

Therefore, even though the defendant was punished twice or more due to drinking, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the situation report on the driving in the main place;

1. Statement of the response to the request for appraisal;

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes stated in a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order) and summary order;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The circumstances favorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant seems to have led to the confession of the crime of this case and to repent his mistake; the defendant has no record of punishment other than the previous conviction in the judgment, and the defendant has not yet been punished for the previous conviction in the judgment; the defendant has committed the crime of this case again even though he had already been punished for the same kind of crime, and the defendant has already been punished for several times, and the punishment shall be determined as ordered by the order, taking into account the circumstances under Article 51 of the Criminal Act, such as the degree of his driving at the time of the