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(영문) 인천지방법원 2017.11.29 2017고단6685

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 10, 2017, at around 23:40, the Defendant driven a Bcop car in the state of alcohol alcohol level of about 4km from the front line of the Yeonsu-gu Incheon Metropolitan City City Do Do Do Do Do Do Do, to the front line of the Nam-gu Do Do Do Do Do Do Do Do Do Do Do Do Do 376, the Nam-gu Do Do Do Do Do Do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of drivers at home and report on the situations of drivers at home;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) and a crime of violating the Road Traffic Act on November 14, 2013, the Defendant was sentenced to a suspended sentence of two years in the period of eight months, and five times of criminal punishment. Among them, the criminal records from driving under the influence of alcohol amount to four times.

Although the defendant was sentenced to a suspended sentence due to the crime of injuring the victim due to drinking driving, he again driven a drinking again.

The drinking level caused by the instant crime has reached a considerable level. Considering the social risk of drinking drivers, the Defendant’s liability cannot be deemed to be somewhat weak.

However, the defendant makes a statement to the effect that this court recognizes and reflects a crime.

If the defendant's previous convictions are excluded from the above suspended sentence, the remainder of the previous convictions of the defendant's drinking constitutes a previous conviction of 2004.

The defendant's drinking did not cause any personal and material damage due to his driving.

The Defendant made a statement to the purport that he is responsible for supporting two children who grow up with one parent family.

In addition, the age, sex, environment, motive and circumstances of the crime, and the period after the crime is committed.