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(영문) 인천지방법원 2016.11.10 2016고단6334

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On January 16, 2012, the Defendant was issued a summary order of KRW 3 million by the Incheon District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 4 million by the same court on June 2, 2015.

On September 6, 2016, the Defendant, even though he had a fluence of driving two times or more, driven D SM3 vehicles with a blood alcohol concentration of 0.154% at around 21:48 on September 6, 2016, and proceeded with approximately 150 meters from the front of Incheon Seo-ro 38, Seo-gu, Incheon to the front of Seo-gu 271-ro 8, Seo-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Inquiry reports, investigation reports (verification of the same criminal records as the suspect), and copies of summary orders 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 sentencing reasons of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are that the Defendant, including the two-time criminal records of the same kind of crime caused by drunk driving, committed the instant crime under the influence of alcohol, and thus, the nature of such crime was insignificant. However, the Defendant, while under the influence of alcohol, was driving a vehicle to move the vehicle upon receiving a request from the residents for driving the mobile parking, and the driving distance was short, the driving distance was short, the Defendant did not repeat the crime, such as late or late, selling the vehicle in possession, etc., the Defendant’s age, character and conduct, occupation, environment, family relationship, etc., the Defendant’s age, personality and conduct, and other circumstances subject to medical treatment due to non-driving, etc., and the above punishment should be determined as above, taking into consideration the following circumstances: