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(영문) 인천지방법원 2018.06.04 2018고단2280

도로교통법위반(음주운전)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, at the Incheon District Court on October 14, 2008, received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving), and on July 8, 2009, received a summary order of KRW 3 million as a fine for the same crime from the same court on July 8, 2009, and has violated Article 44(1) of the Road Traffic Act more than twice.

On February 26, 2018, while the Defendant was under the influence of alcohol content of 0.059% during blood transfusions around 01:00, the Defendant driven a Dystren car at approximately 2km from the Systrendong distance of Gyeyang-gu, Incheon to the Incheon Seo-gu Seopo, Seo-gu Incheonic.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Inquiries about the result of regulating drinking driving;

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, investigation report (Attachment to the summary order of the same type of crime), and application of a copy of the summary order;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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 ground of the crime of this case is that the Defendant, who had been punished twice or more due to drinking driving, has again driven a vehicle in drinking, and the nature of the crime is not weak, and that the driving of drinking is a high risk of causing harm to another person’s life, body, etc., and thus, it is necessary to strictly punish the Defendant.

On the other hand, the defendant's recognition of the crime of this case and reflects the mistake, there is no record of criminal punishment exceeding fine for the same crime before, the blood alcohol concentration level at the time of detection is lower than 0.059%, the distance of driving under drinking is not less than 1 km, the distance of driving under drinking is also in a difficult economic situation, such as bankruptcy, and it is going against the traffic-related statutes in addition to driving under drinking.