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(영문) 인천지방법원 2017.09.27 2017고단5198

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 27, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Incheon District Court on August 27, 2009, and a summary order of KRW 4 million for a fine of KRW 3 million on June 3, 2014 for the same crime.

Although the Defendant had had a history of driving alcohol twice or more as above, on February 2, 2017, the Defendant driven a Bpppher vehicle under the influence of alcohol concentration of 0.097% in blood at around 21:02, and continued a distance of about 2 km from the front of the 156-ro 21-22 Simpo-gun, Incheon Sporo, Young-gu, Cheongjin-gun, Incheon Sporo, the Dopo-ro 21-22, to the front of the road at the entrance management office at the 358 Young-gu, Gopo-gu, Gopo-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Previous convictions: References to inquiries, investigation reports (prior convictions and confirmations), and copies of summary orders attached thereto; and

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

1. Although the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though he had the same criminal history as multiple times, and driving of a motor vehicle under the influence of alcohol in the same time, the crime was not less than the degree of violation of other traffic-related Acts and subordinate statutes, the blood alcohol concentration did not reach a relatively high level, the Defendant’s mistake was divided back and disposed of the motor vehicle in his possession, etc. In addition, the Defendant’s age, sex behavior, occupation, environment, family relationship, etc. were considered in light of all the circumstances, which are the condition for sentencing, such as the Defendant’s age, sex, occupation, family relation, etc., and determine the sentence as above.