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(영문) 인천지방법원 2013.10.16 2013고단5243

도로교통법위반(음주운전)

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 6, 2013, at around 01:38, the Defendant driven B rocketing car with approximately 300 meters alcohol concentration 0.249% under the influence of alcohol from the Do in the vicinity of Songdoo Park Park-dong, Yeonsu-gu, Incheon Metropolitan City to the same dong Gejin-gu road.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes of the blood alcohol appraisal statement;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was under the influence of alcohol again even though he had been punished for a drunk driving twice, and the nature of the crime is not less than that of the crime. However, the defendant's blood alcohol concentration is recognized and reflects his mistake, blood alcohol concentration was 0.249%, but as a result of the blood measurement, the blood alcohol content was 0.142%, and the breath or walking condition was 0.142%, and the breath or walking condition was improved at the time of enforcement. As above, the above breath was under the influence of alcohol, and there was no other criminal records except that sentenced to a fine twice in 198 and 208, and it appears that the suspension of the execution of imprisonment with prison labor in this case would have to be retired in accordance with the bylaws of the company currently accompanying, and all the conditions for sentencing, including the defendant's age, character, and family environment.