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(영문) 인천지방법원 2014.09.04 2014고단4070

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

[criminal power] On September 3, 2010, the Defendant was issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Incheon District Court on September 3, 2010, and on November 29, 2012, the Incheon District Court sentenced 10 months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) and two years of suspended execution, which became final and conclusive on December 7, 2012.

【Criminal Facts】

On June 4, 2014, at around 00:38, the Defendant driven CK5 cars with approximately 100 meters alcohol concentration 0.113% under the influence of alcohol at a section of about 100 meters from the front road of the Yeonsu-gu Incheon Metropolitan City Women's Square.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, inquiry into the results of crackdown on driving under the influence of alcohol, and circumstantial statement of the drinking driver;

1. Previous convictions indicated in judgment: References to criminal records, investigation reports (a summary order and attachment of judgment), previous records of disposition and results of confirmation, and application of Acts and subordinate statutes;

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

1. Articles 70 (1) 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 five million won to ten million won;

2. Determination of sentence: A serious reflection of a fine not exceeding 6 million won [limited circumstances], the three times to commit this crime, and the fact that a person has no record of any other crime except for a traffic crime such as drunk driving, etc. [Incompetence] during the suspension period of the execution of the same kind of crime;