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(영문) 인천지방법원 2014.06.16 2014고단2016

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

[criminal power] On June 29, 2006, the Defendant issued a fine not exceeding 1.5 million won for a violation of the Road Traffic Act at the Incheon District Court, and a summary order of one million won for the same crime at the same court on August 7, 2013, respectively.

【Criminal Facts】

On January 28, 2014, at around 21:42, the Defendant driven a B-car in the state of alcohol alcohol concentration of approximately 0.057% from the section of approximately 100 meters, from the road near the Hyundai Motor Repair Station in Seo-gu Incheon Metropolitan City to the front road of the gold apartment located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Report on the circumstances of a drinking driver, inquiry into the results of the regulation on drinking driving and control, consent to blood collection, request for appraisal of blood alcohol concentration, response to requests for appraisal, and report on detection of a drinking driver;

1. Previous records of judgment: Criminal history records, probationary records, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes to investigation reports (verification of suspect's records of driving under influence of alcohol);

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

1. Mitigation of discretionary mitigations under Articles 53 and 55(1)6 of the Criminal Act.

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 2.5 million won to 5 million won; and

2. Determination of sentence: A relatively low level of alcohol content (0.057%) of a fine of KRW 3 million; a serious reflector; the Defendant, after drinking alcohol, moved to a place near his/her residence by using an acting driving on behalf of the Defendant; he/she permitted it to operate only up to a big path; and thereafter, the Defendant was controlled by driving at a level of 100 meters on his/her own (unfavorable circumstances).