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(영문) 인천지방법원 2016.11.10 2016고단6235

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On November 2, 2012, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Incheon District Court, and a summary order of KRW 1.5 million as a fine in the same court on December 3, 2015.

On August 22, 2016, the Defendant operated a BMW car under the influence of 0.098% of blood alcohol concentration around 23:10 on August 22, 2016, and proceeded with approximately KRW 200 meters from the front line of the 198 CGV Gu, to the art of Namdong-gu, Incheon, from the front line of the 198 CGV to the art of the same 230-way.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in a judgment: Inquiries into inquiry reports, the failure of disposition, the report on the results of confirmation, and the application of Acts and subordinate statutes of the summary order attached thereto;

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

1. Articles 70 (1) 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 order of provisional payment is that the defendant is less than that of the crime in this case where he drives under the influence of alcohol two times, even though he had the same criminal records as the defendant committed the crime in this case. However, the defendant was not a substitute driver, but he was not a substitute driver due to his failure to find it, and the defendant was driving under the idea that he would put the substitute driver into a driving, and the driving distance was very short; the driving distance was relatively short; the violation of other traffic-related Acts and subordinate statutes; the latter does not reach the degree of violation; the latter is that his mistake was divided; the defendant's age, character, conduct, occupation, environment, family relationship, etc. are all the conditions for sentencing such as the defendant's age, character and behavior, and family relation.